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Preer v. State

During a fight with another group of men, the defendant and two other men produced pistols and began firing, killing the victim.

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This appeal is from Eric D. Preer’s convictions for murder, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a crime.1

1. Preer argues that none of his convictions was supported by sufficient evidence. The evidence at trial established that Preer and his co-defendants, Jones and James, became involved in an argument with the victim, Frank Lyles, and two friends at a club. Preer’s group was asked to leave first, and a few minutes later, Lyles’s group was asked to leave. Outside, they found Preer’s group waiting. After a fight began, Preer’s group all produced pistols and began firing, killing Lyles. A copy of Preer’s previous conviction for felony possession of marijuana was put into evidence. That evidence was sufficient to authorize a rational trier of fact to find Preer guilty beyond a reasonable doubt of malice murder, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon. Jackson v. Virginia, 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979. The trial court having entered a judgment of conviction and sentence only on the verdict finding Preer guilty of malice murder, any issue concerning the felony murder count is moot Boddy v. State, 265 Ga. 498 4 458 SE2d 630 1995, so we need not consider his complaint that the evidence did not establish his guilt of felony murder.

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