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Welbon v. State

Trial counsel's decision not to call expert to testify that the defendant suffered from Battered Person's Syndrome was a matter of trial tactics.

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Wayne Terry Welbon appeals from his convictions for malice murder and possession of a firearm during the commission of a crime.1 Finding no error, we affirm. 1. The evidence presented at trial showed that Welbon and Judy Ann Harris had an on-again off-again romantic relationship. On September 29, 2001, after Welbon helped Harris fix a window in her house, Harris began to drive Welbon home. They got into a heated argument on the drive, and Welbon shot Harris four to six times in the head and upper body. Welbon admits to killing Harris, but claims that he did so in self defense because Harris was reaching for a gun in her purse, which was on the floorboard behind his seat.

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 Welbon was guilty of the crimes for which he was convicted.2 Accordingly, Welbon’s challenge to the sufficiency of the evidence is without merit.

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