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Anderson v. State

The trial court did not err in recharging the jury on the points of law they requested.

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Ordell Djuan Anderson was convicted of felony murder, aggravated assault on a police officer, possession of a firearm during the commission of a felony and reckless conduct arising out of the shooting death of Sonja Smith. He appeals the denial of his motion for new trial asserting errors in the trial court’s charge and recharge to the jury.1 Finding no reversible error, we affirm. 1. The jury was authorized to find that police officers responding to a domestic violence 911 call saw someone in an upstairs room beating on the window and heard a woman scream for help. As the officers attempted to gain entry, they heard two gun shots. Upon entering the residence, one officer went upstairs to the room where the screams originated and saw Anderson sitting on a bed with a gun in one hand and his other hand on Smith’s body, which was face-down on the bed. Anderson then fired his weapon repeatedly at the officer. The officers retreated and surrounded the location. Anderson leapt out the upstairs window shortly after flames from a fire in the residence became visible. He was immediately apprehended and police recovered a .45 caliber semiautomatic pistol nearby that was not present at the scene earlier. Although police then entered the residence, fire had engulfed the upstairs area. Smith’s body, severely burnt, was recovered after the fire was extinguished. Expert testimony established that Smith died from two gun shot wounds to her back and neck and that the one projectile recovered from her body was a .45 caliber metal jacketed bullet.

The evidence adduced was sufficient to enable a rational trier of fact to find Anderson guilty beyond a reasonable doubt of the charged crimes. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.

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