The State appeals the trial court’s decision to grant appellee Steve A. Sims, Jr.’s motion for new trial in regard to his convictions and sentences for felony murder and possession of a firearm during the commission of a felony.1 For reasons set forth below, we affirm.
1. The evidence viewed in a light most favorable to the jury’s verdict shows that several eyewitnesses saw appellee shoot Shawn Hancock after Hancock had interjected himself into an argument Sims was having with his ex-girlfriend K.M. K.M. testified that Hancock was like her brother. A week before the shooting outside the home of appellee’s grandmother,2 appellee and Hancock had also gotten into an argument regarding appellee’s relationship with K.M., but no physical altercation occurred and Hancock left after appellee’s grandmother threatened to call police. On the night of the shooting, K.M. was driving in her car with Hancock, her mother, and two friends when she spotted appellee in his car with a woman. K.M. followed appellee to his residence. K.M. parked in the street and got out of her vehicle to confront appellee and the two argued. During the argument, K.M. slapped appellee. Hancock, who had been watching the argument from the car, got out of the vehicle and tried to encourage K.M. to leave. The situation became heated and Hancock and appellee began to shove and push each other. K.M.’s mother testified she saw appellee and Hancock “swinging” at each other, but could not say whether any blows landed. The evidence showed Hancock was taller and three times heavier than appellee. All eyewitnesses testified Hancock was unarmed during the altercation.3 Witnesses said appellee went into his grandmother’s residence, came back outside with a gun in his hand and shot Hancock several times. The medical examiner testified that Hancock had at least four gunshot wounds, but was unable to say exactly how many bullets caused the wounds. Eyewitnesses testified they heard two to three gunshots. The medical examiner stated there was no stippling or gun residue on Hancock’s clothing or on his body, indicating the shots were not made at close range. The medical examiner concluded that Hancock died from a gunshot wound to the chest piercing his heart and lung.
