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Callendar v. State

Defense counsel's decision not to move to sever defendant's trial was a matter of trial strategy where it appeared that the co-defendant actually shot and killed the murder victim.

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Defendant Brent Callendar was convicted of felony murder, two counts of aggravated assault, and two counts of criminal damage to property, in connection with a shootout at a package store.1 He appeals, asserting, inter alia, that the trial court should have severed his trial from that of his co-defendant, Sylvester Montgomery, who was acquitted. We find no error and affirm.

1. Viewing the evidence in a light to uphold the verdict, we find the following: When Callendar and Makia Hopkins went to a package store, several men standing outside of the store commented on Hopkins’ looks. Angered, Callendar left with Hopkins; they went to a friend’s apartment where Callendar asked for, and was given, a pistol. Joined by Montgomery, who carried an assault rifle, Callendar and Hopkins returned to the store in a vehicle which Callendar had been driving. Callendar “whipped” into a parking space; then he and Montgomery got out of the vehicle, brandishing their weapons. The men in front of the store started to run. Callendar called out, “Why are y’all disrespecting my girl” Then Callendar and Montgomery started shooting. Two men ran across the street; one of them, Laderrius Harper, was shot; he died of his wounds 14 months later. Another bullet pierced an automobile.

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