Thurman v. State

The trial court's error in failing to sever a charge of possession of a firearm by a convicted felon was harmless, given the overwhelming evidence of defendant's guilt.

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Torandall Antwan Thurman appeals his conviction by a jury of aggravated assault, hijacking a motor vehicle, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon. He contends that the trial court erred in 1 refusing to sever the charge of possession of a firearm by a convicted felon from the other charges and 2 failing to give the jury instructions limiting the purpose for which his prior conviction could be considered, and he also argues that 3 admission of his prior conviction improperly influenced the jury into convicting him of aggravated assault and hijacking a motor vehicle. For the reasons set forth below, we affirm.

Viewed in the light most favorable to the verdict, the record shows that, on the evening of March 4, 2001, Wendy Clark drove her car to an Amoco station in Griffin, Georgia, to fill her gas tank. Her four-year-old son, Anthony, was strapped in on the passenger side. As Clark finished filling the tank, she saw Thurman come around the corner of the station. Thurman first went past her car but then turned around, opened the car door on the passenger side, and jumped into the car, sitting on Anthony. As Clark ran around to the passenger side, Thurman slid into the driver’s seat. Clark pulled her son from the car, but when she tried to grab the car keys from the ignition, Thurman pointed a .38 caliber pistol at her. Clark retreated, and Thurman sped away in her car. Thurman crashed Clark’s car into a tree and a private residence two blocks from the Amoco station. When the police arrived, they found the pistol and Thurman, injured and trapped, in the car. At trial, Thurman admitted that he had the gun and that he had taken the car, but said that he had done so to avoid being killed by unidentified assailants who were pursuing and shooting at him.

Thurman v. State

The trial court's error in failing to sever a charge of possession of a firearm by a convicted felon was harmless, given the overwhelming evidence of defendant's guilt.

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