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Davis v. State

The trial court did not err in charging the jury on justification, because the defendant specifically requested the pattern jury charge.

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A jury found Justin Davis guilty of felony murder during the commission of a drug offense while in possession of a deadly weapon in a residential area, and of a count separately charging the underlying felony, specifically criminal attempt to possess more than one ounce of marijuana. The trial court entered judgments of conviction and sentenced Davis to life imprisonment for felony murder and five years in confinement for the drug offense, to run concurrently with the life sentence. The trial court subsequently vacated the sentence for the drug offense, finding that it merged into the felony murder conviction. Davis appeals after the denial of a motion for new trial. 1. Construed most strongly in support of the verdict, the evidence shows

that Davis and his brother went to an apartment to buy marijuana from the victim, Lafe Dalton, and another man. During the transaction, an altercation ensued, and Davis shot and killed the victim. The evidence was sufficient for a rational trier of fact to find Davis guilty beyond a reasonable doubt of felony murder. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

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