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Hamm v. State

Hall v. State, 241 Ga. App. 252 1978 and its progeny, overruled, to the extent that those cases held that it is not error for a trial court to refuse to give a requested instruction on accomplice corroboration so long as the State relies in part on other evidence connecting the defendant to the crime.

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Appellant Antonio Hamm was convicted of murder and related offenses in connection with the December 14, 2008 shooting death of J. Remedios Ruiz-Mendieta. Hamm appeals the denial of his motion for new trial, contending that the trial court erred by failing to give certain jury instructions requested by defense counsel. Finding no reversible error, we affirm.1

Viewed in the light most favorable to the jury’s verdict, the evidence adduced at trial established as follows. On the morning of December 14, 2008, Hamm was at his grandmother’s home in the Regal Park apartments in Forest Park with Brittany O’Kelly. O’Kelly, who testified for the State, testified that Hamm had taken an Ecstacy pill and began behaving erratically, threatening her with a large black gun and demanding that she prostitute herself to earn money with which he could purchase more drugs. O’Kelly walked to a nearby gas station, where she came upon Ruiz-Mendieta, who engaged her services. The two drove back in the victim’s vehicle to the Regal Park complex and exited the car, heading for a vacant apartment. O’Kelly testified that Hamm then appeared, pointing a gun at the victim, who tried to grab the gun. O’Kelly ran away and, after hearing gunshots, reversed course to try to assist the victim. Hamm intercepted her and forced her back into his grandmother’s apartment, where he required her to change clothes. The victim died at the scene from his gunshot wounds.

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