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Williams v. State

The trial court properly admitted evidence obtained during a vehicle search incident to a lawful arrest.

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Following a jury trial, Dante Pierre Williams was convicted of armed robbery, three counts of aggravated assault with a deadly weapon, burglary, and two counts of possession of a firearm during the commission of a crime. On appeal, Williams challenges the sufficiency of the evidence to support his convictions. Williams further contends that the trial court erred by denying his request to charge on identity; denying his motion to suppress evidence found in a car in which he was driving; admitting evidence of two photo lineups; denying his motion for severance; and failing to merge his two convictions on possession of a firearm during the commission of a crime. We find no error and affirm Williams’s convictions on the grounds asserted. As set forth infra in Division 6, however, because one of Williams’s convictions on aggravated assault merged with his armed-robbery conviction as a matter of law, we remand this case to the trial court to vacate that conviction and resentence Williams in accordance with this opinion.

Viewed in the light most favorable to the jury’s verdict,1 the evidence shows that on the afternoon in question, Williams and his co-defendant, Kinard Hall, went to the apartment of the victims, Alisha Paul and Percy Burdine.2 As Paul opened the door, Williams and Hall, both armed, forced their way into the apartment.3 The men ordered Paul to sit on the couch. Williams, brandishing a shotgun, remained with Paul. Hall, brandishing a handgun, proceeded to the master bathroom, where he placed his weapon directly into Burdine’s face and demanded to know “where the shit at” Understanding Hall to be referring to valuable musical equipment that had previously been stored in the apartment, Burdine informed him that it was no longer there.

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