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Lee v. State

The defendant shot the unarmed victim seven times as the victim was attempting to steal his car.

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The appellant, Derrick Lee, was sentenced to life in prison for the malice murder of Andre Wilson.1 On appeal, Lee contends that the evidence is insufficient to support his conviction, that the trial court erred in granting the State’s motion in limine to exclude evidence of the presence of cocaine in the victim’s blood, and that the trial court erred in excluding the testimony of a defense witness who would have testified that earlier on the day of the crime, he saw the victim looking into cars for one with keys in it, presumably for the purpose of stealing a car. For the reasons that follow, we affirm.

1. At trial, Lee testified that he shot Wilson in self-defense when Wilson, who was unarmed, attempted to steal Lee’s car. According to Lee, he feared that Wilson was attempting to run him over with the car, and that he shot in self-defense. We conclude, however, that a rational trier of fact could have rejected Lee’s claim of self-defense, and could have found beyond a reasonable doubt that Lee, who shot at Wilson seven times, committed the offense of malice murder in shooting Wilson.2

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