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Ramirez v. State

The defendant was not entitled to new jury panel after two attorneys in a different case entered the courtroom during a recess shortly before final jury selection and discussed plea negotiations in their case.

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A jury convicted Eduardo Ramirez of malice murder, felony murder and aggravated assault for shooting his former girlfriend Debbie Allen to death.1 On appeal, Ramirez contends that the trial court erred in failing to discharge the jury venire after two attorneys discussed plea negotiations in a different case in front of the venire in this case. Although we disapprove of any discussions regarding plea negotiations occurring before the venire, the record fails to show that the incident in this case constitutes reversible error. Because Ramirez’s remaining enumerations of error also are without merit, we affirm.

Taken in the light most favorable to the jury’s verdict of guilty, the evidence at trial showed that, on September 11, 1996, Ramirez and Allen were in a car in the apartment complex where they lived. Ramirez shot Allen and then drove the car around the apartment complex before stopping the car and shooting Allen again. She died from two gunshots to the head. Ramirez fled and turned himself in several days later. He had the ignition key to the car in which Allen was killed in his pocket.

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