In a joint trial, a jury found Appellants Clifton Dean Moon and Bobby Leon Martin guilty of felony murder during the commission of criminal attempt to commit armed robbery, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a crime, but not guilty of malice murder and possession of a handgun during the commission of malice murder. The trial court entered judgments of conviction on the guilty verdicts and sentenced both Appellants to life imprisonment for the felony murder charge, a consecutive five-year term for the charge of possession of a firearm by a convicted felon, and a consecutive five-year term for the charge of possession of a firearm during the commission of a crime. Appellants appeal after the denial of separate motions for new trial.1 1. Construed most strongly in support of the verdicts, the evidence shows that, on January 4, 2006, Martin and Torena Johnson, who was driving her Jeep Cherokee, picked up Moon at an apartment complex. Moon was wearing a red shirt and carrying a black tote bag. The three drove to an apartment owned by Kentora Latruan Thomas, a drug dealer, so that Ms. Johnson could buy marijuana. On the way there, Moon stated that Thomas “was sweet,” which is slang for a potential robbery target, and that “we can get him.” After leaving Martin and Moon in the Jeep, Ms. Johnson went to Thomas’ apartment and purchased marijuana from Thomas. Also in Thomas’ apartment at this time were Lenika Mattox and Thomas’ cousin Pedro. As Ms. Johnson was about to leave, there were two knocks at the door and she opened the door. Two masked gunmen entered the apartment and told Thomas to “give it up.” According to Ms. Mattox and Pedro, one of the gunmen was wearing a red shirt. Ms. Mattox testified that Ms. Johnson then hit one of the gunmen yelling, “No, y’all, don’t do it like that, we weren’t supposed to do it like that, ya’ll.” As Thomas tried to force the two gunmen out of his apartment, he was shot three times. He ultimately died in the hallway.
Several other people heard the gunshots and came out to investigate, where they saw two men fleeing the scene, one of whom was wearing a red shirt. They were seen getting into a light-colored Jeep. As Ms. Johnson was leaving Thomas’ apartment, she turned to Ms. Mattox and stated that “it wasn’t supposed to happen like that.” Ms. Johnson then left. Shortly after this, at Ms. Johnson’s apartment in front of her, Martin, Martin’s sister Maria Fair, and Josh Jackson, Moon admitted that “he shot dude.” Jackson testified that, in response to a question from Ms. Johnson as to why Moon shot Thomas, Moon replied that he did not have any choice because Thomas “bucked.”
