Tremain Stuart Davis was tried by a Gwinnett County jury and convicted of murder and an aggravated assault. Davis appeals, contending that he is entitled to a new trial at which he can present evidence that his alleged accomplice—who was tried separately and after Davis—was acquitted of the murder. Davis also claims that he was denied the effective assistance of counsel when his lawyer failed to insist upon a more specific answer to a jury question. Upon our review of the record and briefs, we find no merit in these contentions, and we affirm.1
1. Viewed in the light most favorable to the verdict, the evidence shows that Felipe Brito was involved in the distribution of cocaine, and he arranged to sell some cocaine on June 4, 2010. Because Brito spoke little English, he asked Miguel Bautista to assist him as a translator. On the afternoon of June 4, Davis, Armand Babbitt, and a man known as “Omar” arrived in a Dodge Charger at the apartment complex in which Brito lived. Omar was driving, Babbitt was seated in the front as a passenger, and Davis was seated in the back. When they arrived at the complex, Brito exited his apartment and joined the three men in the Charger, sitting in the back with Davis. Brito then called for Bautista to bring a package to the car. Bautista did so, and after he handed the package through the window of the car, Brito and Davis told Bautista to join them in the car. When Bautista entered the car, however, Davis pushed Bautista and took a handgun from him. At that point, Davis, Babbitt, and Omar all displayed handguns, and they began to threaten Bautista and Brito. Bautista panicked, pushed Brito from the car, and exited the car himself. Davis and one of the men in the front seat of the Charger then began to fire their guns. When Brito’s brother emerged with his own gun from the apartment and returned fire at the Charger, Davis, Babbitt, and Omar drove away. In the course of the shooting, Brito sustained three gunshot wounds, at least one of which was fatal. Bautista sustained a single gunshot wound, but he survived. Davis was wounded as well.
