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Rivers v. State

The defendant admitted that he was selling crack cocaine on the night he punched the victim, causing him to fall and hit his head on a concrete step, which later led to the victim's death.

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Appellant Michael Rivers was convicted of felony murder in connection with the death of Donald Tanks, III, and possession of cocaine with intent to distribute and sentenced to life imprisonment.1 He appeals on several grounds from the trial court’s denial of his motion for new trial, and for the reasons that follow, we affirm.

1. Viewed in the light most favorable to the verdict, the jury was authorized to find that on June 10, 2008, the victim and his friends, Marcus Clark, Dina Canada, Joseph Moore, and George Sullivan were returning to Moore’s house after an evening out. Clark arrived first, so he parked his vehicle in a driveway across the street to wait for his friends. Appellant, who was selling cocaine on the street corner with several other individuals, asked his cousin, Gerry Perrymond, to see who was in Clark’s vehicle. Perrymond walked up to and around Clark’s vehicle, causing Clark to become concerned for his safety. Clark called his friends to see where they were, and when they arrived, Clark pointed out Perrymond.

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