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Wimes v. State

The State was not required to correct its witness's incorrect testimony that he was charged with robbery, rather than armed robbery, as there was no showing that the charge was relevant to the witness's credibility, since the witness testified honestly about the charge that he believed he was facing.

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Antoine Wimes appeals his convictions for felony murder and possession of a firearm during the commission of a crime related to the shooting death of Obiakor Onyemaechi. Appellant contends that the State failed to disclose that it gave a deal or made promises to its most important witness and also failed to correct the witness’s false testimony regarding the exact criminal charges pending against him. We affirm.1

1. The evidence at trial, viewed in the light most favorable to the verdict, showed the following. On the evening of July 13, 2008, the victim was working at a convenience store in Atlanta. According to a witness who was in the store, as the victim prepared to close for the night, a man whose face the witness never saw entered the store and bought a large t-shirt that was kept behind the counter, which was separated from the rest of the store by bulletproof glass. The t-shirt apparently would not fit through the pass-through in the counter, so the victim cracked open the door to the behind-the-counter area to give the man his shirt. The man pulled out a gun and shot the victim repeatedly, shooting once more into the store as he left. The victim was rushed to the hospital, where he died of multiple gunshot wounds to the torso. After his arrest for the victim’s murder and his release on bond, Appellant cut off his GPS ankle monitor and attempted to flee to Alabama, shooting a family friend and attempting to rob her in the process.

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