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Khalees v. State

The victim identified the defendant as the man who shot him on more than one occasion in the weeks between the shooting and the victim's death.

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Frederick Bryant Khalees appeals from his convictions for malice murder and related crimes arising out of the shooting death of Kenneth Davis.1 Finding no error, we affirm. 1. The evidence at trial showed that Khalees and the victim were once friends but had a falling out over money, which led Khalees to make threatening statements toward the victim. A week later, the victim was shot outside of the residence of Khalees’ girlfriend. The victim did not die until several weeks later, and identified Khalees as the shooter on more than one occasion. Cellular phone records also placed Khalees near the crime scene and not at his home, where he claimed to be. After reviewing the evidence in the light most favorable to the jury’s determination of guilt, we conclude that a rational trier of fact could have found beyond a reasonable doubt that Khalees was guilty of the crimes for which he was convicted.2

2. Contrary to Khalees’ assertions, trial counsel was not ineffective in questioning a State witness about an incident several months earlier where Khalees also drew a gun, and the trial court did not abuse its discretion in admitting similar transaction evidence.

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