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Harris v. State

A jury charge as to whether possession of a firearm by a convicted felon is inherently dangerous was not warranted by the evidence, which showed that the defendant intentionally grabbed his pistol and fired it at the victim.

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Appellant Walter Lee Harris was convicted of and sentenced for felony murder predicated on the underlying felony of possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony in connection with the fatal shooting of Quintin Walker.1 On appeal, appellant asserts that he was denied effective assistance of trial counsel. Finding no error, we affirm. 1. Viewed in a light most favorable to the verdict, the evidence shows that appellant and Beyonica Watts were sitting in appellant’s parked car when Quintin Walker and Walker’s cousin, Marque Hart, appeared on a nearby sidewalk. Hart was allegedly swinging a wooden object, but Walker did not have anything which could be construed as a weapon.

Walker approached appellant’s car, and the argument that eventually led to his fatal shooting began. As the argument escalated, appellant grabbed his gun, allegedly for protection, and exited his vehicle. Hart attempted to pull Walker away. Appellant fired a shot into the air and, though Hart ran away, Walker stayed and cursed appellant. Appellant then shot Walker five times; after the first shot, Walker fell to his knees and then tried to get away as appellant fired the four subsequent shots.

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