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Jones v. State

An eyewitness identified the defendant as one of four members of a local street gang, who shot at an SUV, wounding two of its six occupants.

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Following a jury trial, Nickholas Jones was convicted of six counts of aggravated assault and one count of participating in criminal street-gang activity. On appeal, Jones contends that the evidence was insufficient to support his convictions and that the trial court erred in 1 excluding two witnesses’ testimony regarding telephone conversations; 2 denying several of his requests to charge the jury on motive, mere presence, and aiding and abetting; and 3 denying his motion for severance. For the reasons set forth infra, we affirm.

Viewed in the light most favorable to the jury’s verdict,1 the evidence shows that on the night of September 19, 2009, R. M. picked up his friends, M. B., K. M., T. L., D. D., and D. J.,2 in his mother’s SUV and drove to a birthday party for a local teenage girl that was being hosted by the Black Velvet Lounge in Macon, Georgia. With invitations spread by word-of-mouth and text messages, the party was attended by over 100 teenagers. The event was monitored by the nightclub’s security personnel, and most of the attendees were searched for weapons before being allowed on the premises. But shortly before midnight, a fight started between some of the guests. The nightclub’s security guards quickly intervened to stop the fight, and after calling police, the club’s security guards and police officers shut down the party and ordered everyone to leave.

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