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Moreland v. State

The defendant shot the victim in the chest after he and his accomplice approached the victim's car to steal it.

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Ladell Moreland appeals from his convictions for felony murder and aggravated assault.1 Finding no error, we affirm. 1. The jury was authorized to find that the victim, Andrew Green, parked his Chevrolet Impala at a gas station where Moreland and co-defendant DeAngelo Lewis were loitering. Moreland and Lewis discussed stealing the victim’s car, but as they approached the vehicle Lewis realized Green was armed and ran away. Moreland continued towards the car, raised his gun and fatally shot Green in the chest. We find the evidence adduced against Moreland sufficient to enable a rationale trier of fact to find him guilty of the crimes charged beyond a reasonable doubt. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.

2. Moreland contends the judge who presided over the trial was not properly appointed under OCGA § 15-1-9.1 b 2. This issue was first raised on motion for new trial and is, therefore, untimely. See Strozier v. State , 277 Ga. 78 1 586 SE2d 309 2003. Moreover, the judge’s previous appointments by separate orders to preside over other superior court matters for specified periods of time does not render him a de facto superior court judge in violation of the constitutional requirement that all superior court judges be elected. Massey v. State , 265 Ga. 632 3 458 SE2d 818 1995. See Ga. Const. 1983, Art. VI, Sec. VII, Par. I.

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