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Alexander v. State

The trial court did not improperly comment on the evidence when it sought to clarify a witness's testimony regarding her pre-trial statement to police.

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Appellant Robert Alexander was sentenced to life without parole for the felony murder of Diamone Wilson, a two-year-old child.1 He appeals from his convictions and the denial of his motion for new trial in which he asserted the trial court erred by limiting the scope of voir dire and improperly commenting on the evidence. For the reasons that follow, we affirm.

1. The jury was authorized to conclude from the evidence presented that prior to her death, Diamone had been living with appellant and Margaret Daniels, a relative of Diamone’s mother. Although Diamone had been diagnosed with asthma, she was a healthy child with no history of health problems. On the day of the crimes, Daniels went to a doctor’s appointment, leaving Diamone in appellant’s care. Diamone at that time was walking and playing normally. When Daniels returned approximately two hours later, she found Diamone lying unconscious on the floor and appellant pushing on her chest. Appellant told Daniels that Diamone had been eating when she began to seize or choke on her food. When emergency medical personnel arrived, Diamone was essentially unresponsive, bleeding from her mouth, and having difficulty breathing.

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