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Thornton v. State

The evidence supported the defendant's convictions based on the theory that he was a party to the crime, as the State showed that he planned the robbery, drove two of his co-indictees to the victim's house, pointed the house out to them, and drove the getaway car.

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Appellant Mark Thornton was convicted of felony murder, aggravated assault with a deadly weapon, criminal attempt to commit armed robbery, burglary, possession of a firearm during the commission of a felony, and conspiracy to commit a crime in connection with his role in the shooting death of Joshua Scott.1 Thornton’s motion for new trial was denied, and he now appeals his convictions. On appeal, Thornton asserts that there was insufficient evidence to support his conviction based on a party to a crime theory; the trial court erred in permitting the State to present evidence of Thornton’s prior illegal drug activities; and trial counsel rendered ineffective assistance of counsel. For the reasons which follow, we affirm.

Viewed in a light most favorable to the verdict, the evidence shows the following. Thornton planned to rob Scott because he knew Scott, his drug supplier, would have a large amount of money and drugs in his house. He enlisted four other men to help him carry out his scheme. Thornton drove two of the men to Scott’s neighborhood and parked the car down the road from Scott’s house. Another car with two occupants followed Thornton to the neighborhood. Thornton pointed out Scott’s house to his co-indictees, but stayed in the car during the robbery because he did not want Scott to recognize him.

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