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Babbitt v. State

Although the trial court erred in allowing the State to use the defendant's pre-Miranda statement for impeachment purposes, the error was harmless in light of the other evidence of the defendant's guilt.

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After a jury trial, Armand Babbitt was convicted of two counts of aggravated assault,1 possession of a firearm by a convicted felon,2 and possession of a firearm during the commission of a felony.3 The jury acquitted Babbitt of two counts of felony murder one count predicated on aggravated assault and one count predicated on armed robbery and of armed robbery. Babbitt appeals, arguing that 1 the trial court erred by excluding his pre-trial statement but allowing its use for impeachment purposes; 2 the evidence was insufficient to support his conviction for aggravated assault because it is inconsistent with the jury’s acquittal on the charges of felony murder and armed robbery; and 3 the evidence was insufficient such that the trial court should have found that the guilty verdict was against the weight of evidence. For the reasons that follow, we affirm.

Viewed in the light most favorable to the verdict,4 the record shows that on June 4, 2010, Felipe Brito, who spoke little English, arranged to sell cocaine for $29,000 to some men with the assistance of Miguel Bautista as a translator. Bautista arranged to have the buyers later discovered to be Tremain Davis, Babbitt, and a third man meet him at a local TGI Fridays restaurant from which location the buyers followed him in their vehicle to an apartment complex where Brito lived.

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