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Benton v. State

Since there was no evidence that the defendant and the victim struggled or that defendant shot the victim in self-defense, evidence of the victim's prior violent acts was inadmissible

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Barron Benton appeals his convictions for aggravated assault and possession of a firearm during the commission of a crime. He primarily contends that the trial court erred by prohibiting evidence of one victim’s past violent acts. He also challenges the sufficiency of the evidence and contends that he was denied his right to effective assistance of counsel.

Construed in favor of the verdict, the facts show that on July 8, 2000, Benton was in his car in front of a relative’s home preparing to leave, when Gerald Strong drove by on a motorcycle with Latara Harris riding as his passenger. Benton recognized Strong’s motorcycle and began to follow in his car. Benton knew both riders: he had been involved romantically and fathered a child with Harris, and he was acquainted with Strong. After following the motorcycle a short way, Benton began to fire shots at Strong and Harris with an automatic pistol, emptying the chamber. He hit Strong four times and Harris twice. Benton admitted firing the shots but claimed that he was justified in shooting Strong and did not intend to shoot Harris.

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