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Smith v. State

The trial court's comments regarding the source of the witness's discomfort on the stand did not amount to an improper comment on her credibility.

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Appellant Ronald Smith appeals his convictions for felony murder and other crimes in connection with the shooting death of Genai Coleman. Appellant’s sole contention is that the trial court improperly commented on the credibility of a witness. We find no merit to this contention and affirm appellant’s convictions and sentences, except for the conviction and sentence for possession of a firearm during the commission of the aggravated assault of Coleman, which must be vacated.1

1. Viewed in the light most favorable to the verdict, the evidence presented at trial showed that, on the evening of July 18, 2008, Coleman parked her car in a parking lot near Gwinnett Place Mall while waiting for her daughter to finish her shift at work. Appellant, who had just purchased some beer and cigarettes at a gas station located across the street from where the victim was parked, approached her car. Appellant attempted to take Coleman’s car, and a brief struggle ensued, during which Appellant shot the victim once in the chest, killing her. He then drove off in her car. The victim’s car was later recovered in Forest Park, Georgia, and DNA material recovered from a cigarette butt found in the car matched appellant’s DNA. Appellant’s fingerprints were also found on the car.

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