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Nelson v. State

The evidence supported the defendant's murder conviction.

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Following a jury trial, Oliver Drew Nelson was found guilty of felony murder and possession of a firearm during the commission of a crime in connection with the February 23, 2003 shooting death of Willie James Rhodes.1 Nelson contends on appeal that the evidence was insufficient to support the verdict and that his trial counsel was ineffective. We affirm. 1. Viewed in the light most favorable to the verdict, the record reveals

that, on February 23, 2003, Nelson met with Michael Smith in a hotel room and gave Smith a piece of crack cocaine to convince him to rob Rhodes. Nelson also gave Smith a handgun to use in the planned robbery. A witness overheard Nelson setting up the robbery with Smith and talking on the phone with Rhodes’ girlfriend, who also helped to set up the robbery of Rhodes. Smith went to Rhodes’ location and attempted to rob him. Smith beat Rhodes with Nelson’s handgun during the attempted robbery, and while doing so, the gun discharged, leaving Rhodes with a fatal gunshot wound to the head. Police later found the gun used to kill Rhodes in the car that Nelson was driving at the time he was arrested.

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