Wicks v. State

Defendant's contention that the prosecution acted in a racially discriminatory manner by using four of its five peremptory strikes to remove African-Americans from the jury was decided against him in his co-defendant's appeal.

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The grand jury indicted Marika Wicks, Ronnie Chinn and Robert Prather for numerous offenses related to the homicide of taxi cab driver John Agazie. Prather pled guilty to one count of conspiracy to commit armed robbery, and testified for the prosecution at Wicks’ and Chinn’s joint trial. The jury found both co-defendants guilty of malice murder, two alternative counts of felony murder, armed robbery, aggravated assault, hijacking a motor vehicle, and possession of a firearm during the commission of a felony. After concluding that the verdicts on the felony murder counts were vacated by operation of law Malcolm v. State , 263 Ga. 369, 372 4 434 SE2d 479 1993, the trial court entered judgments of conviction on the guilty verdicts returned as to the other counts, imposing a life sentence for murder and varying terms of years for the remaining offenses. The Court affirmed Chinn’s convictions and sentences. Chinn v. State , 276 Ga. 387 578 SE2d 856 2003. Wick’s original appeal was dismissed for failure to file a timely notice of appeal. Wicks v. State , 277 Ga. 121 587 SE2d 21 2003. Thereafter, the trial court granted Wicks permission to file this out-of-time appeal.1

1. In addition to Prather’s testimony, the State showed that, shortly after the murder, Wicks was in possession of Mr. Agazie’s cab. The victim’s blood was found in the vehicle and on Wicks. Wicks made incriminating admissions to others. When construed most strongly in support of the verdicts, the evidence is sufficient to authorize a rational trier of fact to find proof beyond a reasonable doubt of Wicks’ guilt of all of the crimes for which he was convicted and sentenced. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979; Chinn v. State , supra at 388 1.

Wicks v. State

Defendant's contention that the prosecution acted in a racially discriminatory manner by using four of its five peremptory strikes to remove African-Americans from the jury was decided against him in his co-defendant's appeal.

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