Finley v. State

The defendant fatally shot his friend when his friend stepped between defendant and the owner of a liquor house, who was attempting to stop a tussle between the defendant and his girlfriend.

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Appellant Anthony Finley appeals from the denial of his motion for new trial following his convictions arising from the murder of Arthur Levell, the aggravated assault of Ronney Montfort, and the battery of Yolanda Dennis.1 1. The evidence authorized the jury to find that Finley and his friend Levell went to a “liquor house” operated by Montfort, where Finley encountered his girlfriend Dennis. Finley and Dennis went outside, where they argued and “tussled.” When Montfort came out and attempted to stop the commotion, Finley pulled a gun. Levell stepped between Finley and Montfort, and the gun discharged, fatally wounding Levell. Viewed in the light most favorable to the verdict, we conclude that the evidence was sufficient for a rational trier of fact to find Finley guilty beyond a reasonable doubt of the crimes for which he was convicted. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

2. Finley claims that the trial court erred by failing to bifurcate his trial in order to separately try the charge of possession of a firearm by a convicted felon. However, “the possession charge was an underlying felony for one of the felony murder counts of the indictment, and therefore, bifurcation was not authorized. Cit.” Daniel v. State , 285 Ga. 406, 409 4 677 SE2d 120 2009. As for Finley’s related claim that the trial court erred by failing to give the jury a limiting instruction regarding consideration of the prior felony conviction, we find no error because the record establishes that Finley failed to make a proper request in writing after being directed to do so by the trial court. See Thomas v. State , 218 Ga. App. 371 2 461 SE2d 305 1995.

Finley v. State

The defendant fatally shot his friend when his friend stepped between defendant and the owner of a liquor house, who was attempting to stop a tussle between the defendant and his girlfriend.

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