Robert Gene Thomason appeals his convictions for murder, aggravated battery, and possession of a firearm during the commission of a crime with regard to the shooting death of his wife.1 For the reasons set forth below, we affirm. Viewed in the light most favorable to the verdict, the record shows that Thomason’s estranged wife, Deborah, returned to her home on the morning of October 12, 2003. At the time, Deborah was seeking a divorce from Thomason, and Thomason previously had threatened to kill her if she filed for divorce. As Deborah walked to her house, Thomason shot her eight times with an AK-47 assault rifle, and Deborah subsequently fell dead in her neighbor’s yard. At and around the crime scene, investigators recovered AK-47 shell casings, a blanket Thomason admittedly used to cover his AK-47 rifle, and several pieces of camouflage cloth. In woods located approximately ten miles from the crime scene, investigators found Thomason’s car, a bag of Thomason’s personal items, some of which had his name written on them, and Thomason’s AK-47 rifle and ammunition. Camouflage cloth matching that found at the crime scene was later found in Thomason’s home along with more AK-47 ammunition. Thomason, who had been hiding in the woods, turned himself in to police on October 13, 2003. Thomason later admitted to being at his wife’s home on the night of the murder and to firing his AK-47 many times at what he described as an unknown assailant who shot at him first.
1. This evidence was sufficient to enable a rationale trier of fact to find Thomason guilty of the crimes for which he was charged beyond a reasonable doubt. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979; Griffin v. State , 280 Ga. 683 631 SE2d 671 2006 evidence sufficient to find existence of aggravating circumstances under OCGA § 17-10-30b. Accordingly, the trial court did not err by denying Thomason’s motion for a directed verdict of acquittal. Nonetheless, Thomason argues that he should not have been convicted of aggravated battery. He argues that, of the eight wounds suffered by the victim, only one was fatal. He further contends that the fatal wound could have been delivered first, killing the victim instantly, and the remaining wounds on which the aggravated battery charge were based could have been inflicted after death. While it is true that one cannot suffer an aggravated battery from wounds inflicted after death, see, e. g., Miller v. State , 275 Ga. 730 561 SE2d 788 2002, there is some evidence in this case supporting an inference that the victim’s first wound was non-fatal, as she managed to flee a short distance into her neighbor’s yard before succumbing to the gunfire. Therefore, the trial court was not required to grant Thomason’s motion for a directed verdict on this crime, and, for the same reason, the trial court did not err by allowing the jury to consider the crime of aggravated assault as an aggravating circumstance of the murder. OCGA § 17-10-30 b 2, 7.
