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Wesley v. State

The defendant approached the unarmed victim and fatally shot him in the head.

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Rufus Wesley was convicted of malice murder and related crimes arising out of the shotgun shooting of Michael Cooper. He appeals from the denial of his motion for new trial1 asserting that the trial court erred by admitting improper character evidence and by finding that he received effective assistance of trial counsel. For the reasons that follow, we affirm. 1. Evidence was adduced at trial that appellant, while carrying a shotgun, approached the unarmed victim as the victim loitered around property managed by appellant; that appellant cursed the victim for returning to the property; and that, as the victim was backing up or running away, appellant fatally shot the victim in the head. This evidence was sufficient to enable a rational trier of fact to find appellant guilty beyond a reasonable doubt of the charged crimes. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.

2. Although appellant contends the trial court erred by admitting bad character evidence, his failure to object at trial to the evidence constitutes a waiver of appellate review of the issue. See Hicks v. State , 285 Ga. 386 4 677 SE2d 111 2009.

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