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Wingster v. State

Several eyewitnesses saw the defendant walk up to the victim and fatally shoot him in his head and chest.

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Following a jury trial, Marquis Wingster was found guilty of malice murder, felony murder, and various other offenses in connection with the shooting death of Mark Boston.1 On appeal Wingster contends, among other things, that the evidence presented at trial was insufficient to support the verdict 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, at around 9:00pm on November 24, 2007, Wingster, a convicted felon, was standing in a gas station convenience store. Shortly after receiving a phone call, Wingster exited the store, walked up to Boston who was sitting in a truck, and shot him in front of several witnesses—two of whom knew Wingster personally. Boston suffered gunshot wounds to the head and chest, and died from his injuries.

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