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Morrison v. State

Trial counsel's decision not to object to the introduction of the defendant's prior felony conviction was a matter of trial strategy.

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Don Carlos Morrison was convicted of three counts of felony murder, two counts of aggravated assault and two counts of possession of a firearm arising from the shooting death of Eric Harris and the aggravated assault of Vernard Glass. He appeals from the partial denial of his motion for new trial.1 Because appellant received effective assistance of counsel and his remaining enumerations of error present no ground for reversal, we affirm. 1. The evidence adduced at trial authorized the jury to find that on July 25, 2000 appellant was drinking and gambling with approximately 10-20 other people, including the victims Glass and Harris. Glass made some remarks to appellant during a game of craps that angered appellant. Appellant and Glass argued and appellant pulled out a .357 caliber handgun and fired at Glass as he was going out the back door. The shot missed Glass and struck Harris who was standing nearby. The bullet entered Harris’s left leg and severed the femoral artery and then entered and lodged in the right leg. Harris died a short time later from his injuries. Appellant fled the scene, sold his gun and was arrested three weeks later by the City of Atlanta Fugitive Squad. In his statement to police, appellant admitted firing a weapon in self-defense after Glass pointed a gun at him, but claimed that he did not intend to shoot Harris. The evidence was conflicting as to whether Glass was in possession of a gun at the time and whether Glass reached for a gun during the argument.

Reviewing the evidence in a light most favorable to a jury’s determination of guilt, we conclude that a rational trier of fact could have found appellant guilty of the crimes for which he was convicted beyond a reasonable doubt. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.

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