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Sharpe v. State

The trial court's Allen charge did not improperly coerce the jury, as the jury deliberated for a considerable time after the trial court gave the instruction and reaffirmed its verdict when polled.

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Following his conviction for murder, aggravated assault, and possession of a firearm during the commission of a crime, Montrell Sharpe appeals, contending that the trial court made numerous errors and that he received ineffective assistance of counsel.1 For the reasons set forth below, we affirm Sharpe’s convictions but remand for resentencing. 1. In the light most favorable to the verdict, the record shows that, on November 1, 2006, Chris Holloway, Jamel Harrison, and Jamari Tilley were standing on the front porch of Holloway’s house. Sharpe then pulled up in a gold Chevrolet, said “what’s up,” and opened fire. Holloway was shot in the leg, and Harrison was shot in the torso. Harrison later died. Holloway, who had known Sharpe for three years, told police that he had seen Sharpe in the driver’s seat of the passing car and that he believed that Sharpe shot at them, although he did not see a gun.2 Tilley, however, testified that he saw the driver of the car holding a gun and shooting out the window at them. Tilley’s description of the gunman was consistent with Sharpe’s features. Further testimony showed that, approximately one month before the shooting now in question, Sharpe tried to shoot Holloway with a gun over a debt.

This evidence was sufficient to enable the jury to find Sharpe guilty of the crimes for which he was convicted beyond a reasonable doubt. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.

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