Sweet v. State

The defendant failed to lay a proper foundation for admission of a photograph of his companion holding an assault rifle.

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Appellant D’Andre Tylon Sweet appeals his convictions for murder and aggravated assault,1 claiming among other things that the trial court made an erroneous evidentiary ruling and erred in denying his request to file an amended motion for new trial. Having reviewed the record, we conclude that because the trial court granted appellant an out-of-time appeal, it was required to allow him to file an amended new trial motion so that he might raise the issue of trial counsel’s alleged ineffectiveness. Finding no merit to appellant’s other contentions on appeal, we affirm his convictions and remand this matter so that he may file an amended motion for new trial.On July 8, 1995, appellant rode with four other individuals in a burgundy Nissan Altima as it traveled up Campbellton Road in Atlanta. Appellant sat in the front passenger seat and was armed with a .25 caliber handgun. At this same time, Carl Scott and his wife were walking along Campbellton Road. The burgundy Nissan drove past them, and appellant told the driver to turn around and stop because he wanted to get some money. Appellant exited the car, approached Scott and attempted to rob him, then shot him in the head, killing him. Witnesses gave police a description of both appellant’s clothing and the car in which appellant fled. Less than an hour later, Atlanta police located the car approximately four miles from the crime scene. The murder weapon was discovered beneath appellant’s seat. As the car’s occupants were being driven to the police station, appellant suggested to his fellow passenger Arbee that they exchange shirts and blame another passenger, Jefferson, for the shooting.

In his defense, appellant claimed he was riding in the backseat of the car with four other individuals, including Arbee and Jefferson. Appellant claimed the group was on its way to pick up a friend when Jefferson suddenly exited the car. Appellant said he heard several gunshots before Jefferson returned and mentioned a robbery. Appellant also claimed that the murder weapon belonged to Jefferson.

Sweet v. State

The defendant failed to lay a proper foundation for admission of a photograph of his companion holding an assault rifle.

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