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Terrell v. State

The trial court did not err in admitting statements of a non-testifying co-indictee under the co-conspirator hearsay exception, because State established defendant's involvement in the conspiracy exclusive of the co-indictee's statements.

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Appellant Xzarious Terrell was convicted of felony murder, aggravated assault with a deadly weapon, criminal attempt to commit armed robbery, and possession of a firearm during the commission of a crime in connection with the shooting death of victim Henry Wright, Jr.1 His motion for new trial was denied, and on appeal, he challenges the sufficiency of the evidence and claims error in the trial court’s admission of statements of a non-testifying co-indictee under the co-conspirator hearsay exception. Finding no reversible error, we affirm.

The evidence presented at trial authorized the jury to conclude that appellant and two co-indictees, Rodqucas Bowen and Moxtious Cain, planned to rob a drug or trap house operated by cousins Antonio and Datravious Fagin and others out of an apartment located in Fulton County. On the afternoon of April 9, 2009, Cain borrowed his girlfriend’s green BMW 745 and drove appellant and Bowen to the apartment complex where the trap house was located. Cain remained in the car while the other two men walked toward the apartment. Bowen, who had been to the trap house before, knocked on the door. At that time, Antonio Fagin and Wright were the only people in the apartment and were unarmed.2 In response to Bowen’s knock, Wright, who worked as the trap house doorman, let Bowen inside after Antonio recognized him as a previous customer.

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