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Carr v. State

The defendant failed to show that his co-defendant previously shot a person living in the same apartment complex in which the victim's murder occurred.

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The appellant, Christopher Carr, appeals from his conviction for the malice murder of Robert Trowell.1 On appeal, Carr contends that the trial court erred in refusing to permit him to introduce evidence that allegedly showed that one of his co-defendants previously had shot a person living in the same apartment complex in which Trowell’s murder occurred. Because we conclude that the trial court did not err in excluding this evidence, we affirm Carr’s conviction. 1. The evidence authorized a rational trier of fact to find that Carr and his co-defendants, Emmett Harper and Steven Smith, entered an apartment complex about 11:00 a.m. on August 25, 1998; that they visited a friend at her apartment; that Carr left the apartment and went to a laundry room that was located about 15 feet from the door of the apartment that Carr was visiting; that the victim was servicing the coin-operated machines located in the laundry; and that Carr shot and killed the victim for the purpose of taking the money the victim had taken from the machines. Viewing the evidence in the light most favorable to the verdict, we conclude that a rational trier of fact could have found Carr guilty beyond a reasonable doubt of the crimes for which he was convicted.2

2. At trial, Carr testified that Harper and Smith had planned the murder, and that he Carr told Harper and Smith that he did not want to participate. Carr also added that he was not with Harper and Smith when the crime was committed and that Harper shot the victim. To support this defense, Carr sought to introduce evidence that Harper had committed another crime in the same apartment complex. At a hearing out of the presence of the jury, Carr proffered the testimony of the two victims of the crime. After the proffer, the trial court ruled that Carr could not offer evidence that Harper committed the other crime. On appeal, Carr contends that this ruling was erroneous. We disagree.

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