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Aikens v. State

The evidence supported the defendant's conviction for the unlawful possession of a firearm by a convicted felon, even though there was evidence that the co-conspirator never allowed the defendant to exercise any control over the gun, because the co-conspirator's actions in furtherance of the conspiracy could be attributed to the defendant.

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Maurice Aikens was tried by a Fulton County jury and convicted of murder and several other crimes in connection with the fatal shooting of Kyle Moore. Aikens appeals, contending that the evidence is insufficient to sustain one of his convictions, that the trial court erred when it responded to a question submitted by the jury, and that he received ineffective assistance of counsel. We see no error, and we affirm.1

1. Viewed in the light most favorable to the verdict, the evidence shows that, on the evening of May 3, 2007, Aikens, his friend Edward Wallace, and his girlfriend Ladasha Eison conspired to commit a robbery at a bus stop near the Lakewood MARTA station. When Moore — a 17 year old high school student who was unknown to the assailants — arrived at the bus stop, Wallace and Aikens ran up to him while Eison stood as a lookout. Wallace pointed a gun at Moore, and Wallace and Aikens took Moore’s wallet which contained no cash and his cell phone. Wallace then shot Moore multiple times, including in the chest, and Moore died from his wounds soon thereafter. Aikens, Wallace, and Eison met up later that evening at Wallace’s home, and the men agreed that Aikens would keep Moore’s cell phone and Wallace would keep his wallet. Aikens later told Eison that he had sold the cell phone, and she saw the cash that he had received for it.

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