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Walker v. State

The state's failure to include the statutory aggravating circumstances in its notice of intent to seek the death penalty was harmless, since one of the statutory circumstances on which the state relied-that the defendant committed the murder while engaged in kidnapping with bodily injury-was alleged in the defendant's indictment.

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A jury convicted Gregory L. Walker of malice murder, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon. The jury recommended a death sentence for the murder conviction based on the following statutory aggravating circumstances: the murder was committed while the defendant was engaged in an aggravated battery; the murder was committed while the defendant was engaged in a kidnapping with bodily injury; and the murder was outrageously or wantonly vile, horrible, or inhuman in that it involved torture and an aggravated battery to the victim prior to the victim’s death.1 The trial court denied Walker’s motion for new trial, and he appeals.2 Finding no reversible error, we affirm the convictions and sentences. General Grounds

1. Walker contends that the verdict was contrary to the evidence, against the weight of the evidence, and contrary to law and principles of justice and equity, asserting that the only evidence against him was circumstantial and corroborated by the impeached testimony of unreliable witnesses. ” ‘However, resolving evidentiary conflicts and inconsistencies, and assessing witness credibility, are the province of the factfinder, not this Court.’ “ 3 Moreover, “this Court does not re-weigh evidence . . . and evidence is reviewed in a light most favorable to the verdict, with deference to the jury’s assessment of the weight and credibility of the evidence.”4

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