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Whiting v. State

The trial court's jury charge, as given, adequately informed the jury that the defendant could only be found guilty of felony murder if the conspiracy to conduct a drug transaction was "the proximate cause of" the victim's death.

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Following a jury trial, Preston Whiting was found guilty of felony murder, aggravated assault, and various other offenses in connection with the shooting death of Quentin Denley and the shooting of Faron Daniels.1 On appeal Whiting contends that the trial court erred by failing to instruct the jury on proximate causation and that his trial counsel was ineffective. We affirm.

1. Viewed in the light most favorable to the jury’s verdict, the evidence reveals that, on the morning of June 12, 2008, Ted Day drove Whiting, Lincoln Boykins, and Donald Hatton from College Park to a Cobb County subdivision where Whiting wished to purchase marijuana. Whiting and Boykins rang the doorbell at a home in the subdivision, and Denley greeted the men at the door. Whiting asked Denley for a lighter, which Denley retrieved for him, along with a bag of marijuana. Boykins then pulled out a .380 semiautomatic handgun and shot Denley. Whiting and Boykins ran back to Day’s car and they drove back to College Park. A neighbor who had heard the gunshot called 911. Denley was rushed to the hospital, where he died from his gunshot wound.

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