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Wheeler v. State

A co-conspirator's testimony and the defendant's own admissions at trial were sufficient to establish his guilt of malice murder as a party to the crime.

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Appellant Ninja Hassan Wheeler was convicted of murder, armed robbery, and other crimes arising out of the shooting death of Steven Green.1 He appeals from the denial of his motion for new trial, asserting the evidence was insufficient to support his conviction for malice murder. Finding no error, we affirm.

Viewed in the light most favorable to the verdict, the jury was authorized to find that appellant, Lakeya Jenkins, and others developed a plan to rob Green, who was known to carry cash on his person. On the day of the crimes, Jenkins contacted Green to arrange a meeting at a home Green had placed for rent. While Green showed the home to Jenkins, appellant, who had hidden in the home, emerged with a gun, took cash and checks from Green’s pockets, and fatally shot Green. Appellant was arrested eleven months later and during an interview with police, he admitted he lured Green to the rental home with the intent to rob him, he shot Green until he dropped to the floor, and he then decided to “finish him” and shot again. At trial, appellant testified he confessed only to protect Jenkins but admitted he participated in the planning and execution of the robbery, he was inside the home when the fatal shots were fired, and after the shooting he told the others to shut up and keep quiet about the crimes.

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