The appellant, Eric Ferguson, appeals from his convictions for felony murder and other offenses.1 On appeal, Ferguson contends that the evidence is insufficient to support two of his convictions, and that the trial court erred by denying a motion for mistrial that Ferguson made after the trial court permitted the State to introduce into evidence a videotape that the State failed to provide to Ferguson before trial. For the reasons that follow, we affirm the trial court’s judgment in part and vacate it in part. 1. Ferguson contends that the evidence is insufficient to support his convictions for felony murder and for felony fleeing and attempting to elude a police officer. We disagree.
The evidence introduced at trial shows that Ferguson stole a vehicle in Augusta, Georgia; that the owner of the vehicle reported the theft to police; and that shortly thereafter, a police officer spotted the stolen vehicle. The officer testified that he passed the stolen vehicle while it was stopped at a traffic light; that he made eye contact with Ferguson; that he the officer turned around in his marked patrol car to follow the vehicle; and that the stolen vehicle began accelerating rapidly. The officer followed the stolen vehicle for several blocks, with both vehicles traveling between 60-70 miles per hour. The officer testified that, when the stolen vehicle turned on Ninth Street, the officer was about a half a block behind and turned on his blue lights and siren. He added that, at that point, there was only an open field between him and the stolen vehicle; that the stolen vehicle was about three blocks from where Ninth Street intersected another street, Walton Way; and that as the officer turned onto Ninth Street, there was nothing between him and the stolen vehicle. The officer testified that the stolen vehicle accelerated toward the intersection of Ninth Street and Walton Way; that the traffic light at that intersection was red for Ninth Street; that the speed limit on Ninth Street was 35 miles an hour; and that the stolen vehicle was traveling at 60-70 miles an hour when it entered the intersection at Ninth Street and Walton Way. When the stolen vehicle ran the red light and entered the intersection, it struck a car, killing the driver. The officer, as well as the owner of the stolen vehicle, identified Ferguson as the person driving the stolen vehicle.
