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Mayo v. State

A capital felony case must proceed under indictment.

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Terrance Lamar Mayo appeals his convictions for malice murder, two counts of aggravated assault, and possession of a firearm during the commission of a crime, contending only that the evidence presented at trial was insufficient to support his convictions.1 The evidence was sufficient; however, because the prosecution for murder proceeded under an accusation rather than under an indictment in violation of OCGA § 17-7-70, we reverse Mayo’s conviction for malice murder. The evidence at trial showed that on December 1, 2001, a friend of Mayo’s, Damien Davenport, was involved in a minor car accident with the victims, Juan and Samuel Peralta. Davenport and the victims discussed the incident and Davenport agreed to accept $500 cash for the damage to his car. Mayo then drove up and shot the Peraltas, killing Samuel and paralyzing Juan.

1. Mayo’s only contention is that the evidence was insufficient to support his convictions. He claims that the evidence showed that Davenport was the shooter. There was overwhelming evidence, however, that Mayo was the shooter. One witness testified that he saw Mayo fire a shot, and other witnesses some of whom were Mayo’s relatives testified that they saw Mayo approach the victims with a gun. These witnesses also testified that Davenport was not armed, and the State’s medical examiner opined that the shots were fired from a position inconsistent with Davenport’s location. The evidence also showed that Mayo and the victims had an altercation at a gas station a month before the shooting.

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