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Mingledolph v. State

The jury was entitled to reject the defendant's claim of self-defense, since some evidence showed that the defendant provoked another man to shoot at him, resulting in an exchange of gunfire, which fatally hit the victim.

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Dennis Mingledolph was tried by a Richmond County jury and convicted of voluntary manslaughter,1 possession of a firearm during the commission of a crime,2 and possession of a firearm by a convicted felon.3 He now appeals from the denial of his motion for a new trial, asserting that the evidence was insufficient to sustain his conviction for voluntary manslaughter and that he received ineffective assistance of counsel. We find no error and affirm.

On appeal from a criminal conviction, the defendant is no longer entitled to a presumption of innocence and we therefore construe the evidence in the light most favorable to the jury’s guilty verdict. Martinez v. State, 306 Ga. App. 512, 514 702 SE2d 747 2010. So viewed, the record shows that Mingledolph’s convictions arise out of the accidental shooting death of Johnny Walter Davis on June 30, 2008. Approximately one year before Davis was killed, Willie Coe stole $2,400 worth of marijuana from one of Mingledolph’s associates, Donte Simmons. On the day of Davis’s death, Mingledolph told Simmons he had just seen Coe in their neighborhood. Simmons’s girlfriend then drove Mingledolph, Simmons, and a man known only as “Block” through the area in search of Coe. When they located Coe, Mingledolph handed Simmons a 9-millimeter pistol, and all three men exited the girlfriend’s car and robbed Coe at gunpoint. During the robbery, Mingledolph encouraged Simmons to shoot Coe, but Simmons instead allowed Coe to leave.

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