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Wilcox v. State

Eyewitnesses testified that the defendant acted together with the shooter in a fatal confrontation with the victim in January 2003.

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Broderick Wilcox was convicted of murder and other crimes arising out of the aggravated assault of Xavier Hines in December 2002 and the subsequent shooting death of Hines in January 2003. He appeals from the denial of his motion for a new trial1 challenging the trial court’s finding that trial counsel provided effective assistance. For the reasons that follow, we affirm. 1. The evidence at trial authorized the jury to find that appellant, also known as “Adel,” was enraged at Hines over money lost in a drug deal in Albany. An eyewitness who was in a Ford Explorer with appellant on December 13, 2002 testified that, when the occupants located the gold Cadillac owned by Hines, appellant directed another passenger to shoot the victim. The passenger fired repeatedly, hitting Hines in the arm but missing Davis, the other occupant of the Cadillac. Hines later told his mother that “Adel” shot him. On January 4, 2003, appellant and a cohort armed with a Tec-9 pistol encountered Hines behind a local jazz club. Eyewitnesses heard Hines offer to return the money and saw a struggle between appellant and the unarmed victim. When victim attempted to flee, he was shot three times, with one bullet to the left side of his chest inflicting fatal injuries. The bullets recovered from the victim were consistent with those fired by a Tec-9.

The evidence adduced at trial was sufficient to enable a rational trier of fact to find appellant guilty beyond a reasonable doubt as a party to the crimes for which he was convicted. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.

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