Elester Melendez Johnson was indicted with three co-defendants on seven counts of aggravated assault and one count of conspiracy to commit armed robbery. His first trial resulted in a mistrial when the jury could not arrive at a unanimous decision. At his second trial, Johnson was found guilty by the jury on all counts, and a judgment of conviction and sentence were entered. Johnson’s motion for new trial was denied, and he appeals, raising six enumerations of error, none of which we find meritorious. We therefore affirm the judgment. Construed to support the jury’s verdict, the evidence presented at trial showed that Shartane Simmons drove Jason Blalock and Michael Robinson from Youngstown, Ohio to Georgia for the purpose of robbing Clayton County drug dealers Corey Lee Hutchens, a/k/a Lee Brown or “Shorty,” and Rodrigo Romalho, known as “Rico.” Johnson, also known as “Red” or “Scoop,” drove Blalock and Robinson to Shorty’s apartment. Johnson testified that he was going to buy some ecstasy pills from Shorty. When Johnson saw Rico’s car parked outside Shorty’s apartment he panicked and left the scene because he and Rico had previously argued over a woman and Rico had threatened to kill him.
Blalock and Robinson entered the apartment with at least one gun drawn, stating to Shorty and Rico: “You know what it is.” After hearing two gunshots, Rico pulled his own gun from his hip and shot at Robinson several times, hitting him in the body, before realizing he himself had been shot in the leg. A full-scale shootout ensued, with approximately 30 shots being fired in the apartment. Rico kept shooting until he dropped his gun while retreating. He then picked up Robinson’s gun and shot Robinson several more times before he escaped out the door, hobbling on one leg. Robinson lay bleeding on the floor of the apartment, shot “numerous times.” He was transported to the hospital but died from his wounds.
