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Lewis v. State

The defendant was not entitled to a mistrial based on the State's failure to provide a witness's statement during discovery, since the witness was available for defense counsel to interview prior to trial, the trial court allowed defense counsel to interview the witness during trial and there was nothing tangible for the State to produce during discovery as the witness's testimony provided at trial had not been reduced to a writing or otherwise recorded.

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Appellants Atu Lewis Lewis and Jacque Dominique Clark Clark were convicted of murder and related crimes stemming from a home invasion that took place in Clayton County.1 Lewis was sentenced to life in prison without parole for malice murder and a term of years for his other crimes.2 Clark was sentenced to life in prison with parole for felony murder and a term of years for his remaining crimes.3 For reasons set forth below, the appellants’ convictions are affirmed.

The underlying facts show that on the morning of June 21, 2007, Lewis, Clark, Marcel Brower, and Hilarie Ford acted on a plan to steal drugs and money from the victim Troy Marine. Brower testified at trial4 and explained that the group’s plan was for Ford to call the victim, to offer him a private dance as a ruse to gain access to his house, and to unlock the front door for the other three to enter the house and rob the victim while Ford was keeping him distracted. Lewis and the other two men armed themselves with guns provided by Lewis. Brower stated he was armed with a .40 caliber weapon, Lewis had a 9 mm handgun, and Clark had a .38 caliber gun. Clark brought shoestrings for the purpose of tying up the victim. All four drove together to the victim’s house. Once Ford entered the house, she alerted Brower by cell phone that there were children in the house and that she could not unlock the front door. Lewis and the other men entered the victim’s house by breaking and going through a side window.

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