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Sanders v. State

The evidence, including the defendant's own statements, was sufficient to support his conviction for murder.

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Benji Cortez Sanders was tried by a Sumter County jury and convicted of the murder of Sheila Freeman. Sanders appeals, contending that the evidence is legally insufficient to sustain his conviction, that the trial court erred when it denied his motion for a mistrial, and that it erred when it discharged a juror after the trial was underway. Upon our review of the record and briefs, we see no error, and we affirm.1

1. Viewed in the light most favorable to the verdict, the evidence shows that Sanders and Freeman were the parents of a one year old girl, and Sanders lived on and off with Freeman and their daughter in Americus. Around 2:30 on the morning of April 30, 2002, Freeman called her mother and said that she planned to let Sanders know that he was no longer welcome to stay at her home. About an hour later, Sanders called Freeman’s mother and admitted that he and Freeman had been fighting and that Freeman was not breathing.

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