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Faulks v. State

The trial court did not err in charging the jury on forms of aggravated assault other than that charged in the indictment.

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Following a jury trial, Michael Orlando Faulks was found guilty of malice murder and possession of a firearm during the commission of a crime in connection with the shooting death of Jamar Wright.1 On appeal Faulks contends that the trial court gave an improper jury charge on aggravated assault and that his trial counsel was ineffective. We affirm.

1. Viewed in the light most favorable to the jury’s verdict, the evidence reveals that, on the evening of January 4, 2009, Faulks was hanging out at his girlfriend’s apartment with his friend, John Elam. Wright, a mutual friend of Elam and Faulks, called Elam to let him know that he was on his way to the apartment. When Wright arrived and knocked at the apartment door, Faulks, still in Elam’s presence, walked up to the door while brandishing a black handgun, opened the door, and shot Wright in the chest at point blank range, killing him.

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