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Brown v. State

The defendant lacked standing to contest the search of an apartment, since he failed to show that he had a legitimate expectation of privacy in the apartment.

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Appellant Tyrone Vincent Brown was convicted by a jury of murder and related offenses for the March 20, 2006 shooting deaths of Stanley Brown and Norris Degree. Appellant appeals the denial of his amended motion for new trial, contending that the trial court erroneously denied his motion to suppress. Finding no error, we affirm.1

Viewed in the light most favorable to the jury’s verdict, the evidence adduced at trial established as follows. On March 20, 2006, victim Norris Degree told his wife he was leaving their apartment to pick up victim Stanley Brown from work. Later that evening, Degree’s wife, who was waiting for him at their apartment, heard gunshots in the distance. Moments later, Degree abruptly entered his apartment and told his wife to call for an ambulance because he and Stanley Brown had been shot. Through his wife, Degree relayed to the 911 operator that he and Stanley Brown had been shot by three black men wearing all black clothing and that he did not know the identities of the men. A Clayton County police officer responded to the 911 call and found Stanley Brown dead on the ground outside an apartment. The officer found Degree lying in the doorway of an apartment surrounded by his wife and three children and struggling to breathe. Degree died moments later.

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