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Carter v. State

The magistrate had probable cause to issue the warrant authorizing the state to take a blood sample from the defendant.

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Following his conviction for malice murder and robbery, Cortez Carter appeals, contending that the evidence was insufficient to support the verdict and that the trial court erred by admitting certain DNA evidence.1 For the reasons set forth below, we affirm. 1. Viewed in the light most favorable to the verdict, the facts of record show that, on the evening of October 16, 2002, a call was placed to Pizza Hut from the apartment where Bjorn Green lived. Green is a friend of Carter’s and is his co-defendant in this matter. The caller ordered a pizza and asked that it be delivered to an empty apartment in the same complex. Green testified that, on the night in question, Carter came to Green’s apartment and asked to use the telephone. Paul Wojick, a Pizza Hut employee, delivered the pizza, but was robbed and choked to death when he arrived at the vacant apartment, where his body was left. Following the murder, Carter visited his friend, Tony Brock. Carter admitted to Brock that he robbed and murdered Wojick with the help of an accomplice, and Carter asked Brock to give him enough money to leave town. Carter also visited his mother, told her that he was in a lot of trouble, and that he needed money. In addition to this evidence, DNA testing showed that a hair found on the victim’s body belonged to Carter.

This evidence was sufficient to enable the jury to rationally conclude that Carter was 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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