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Trigger v. State

The defendant's contention that he was not barred from possessing a firearm was meritless since his first offender probation was revoked before he assaulted the victim.

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The appellant, Tony Trigger, appeals from his convictions for felony murder and the possession of a firearm by a convicted felon.1 On appeal, Trigger contends, among other things, that the trial court erred in striking five prospective jurors for cause, that trial court erred in denying his Batson challenge, and that the trial court gave an improper sequential charge on malice murder, felony murder, and voluntary manslaughter. Finding these and other contentions to be without merit, we affirm.

1. On the night of April 3, 1996, Trigger and his girlfriend, Brenetta Mobley, had a fight during which Trigger hit her with his fists, knocked to the floor, and stomped on her. In the early morning hours of April 4, James Ison, Mobley’s friend, called the residence after learning of the earlier fight to see if she was alright. Mobley spoke to Ison on speaker phone and told Ison that everything was alright. Trigger told Ison that he and Mobley could solve their own problems, and Ison then asked Trigger if he had anything that he wanted to talk about with Ison. Trigger stated that he did and Ison said that he would come over. Ison arrived at Mobley’s residence at 3:00 a.m., and at that time, several other people were at the residence, including Glenn Petty. Petty testified that he was playing cards with several people before Ison arrived, and that Trigger showed him a .357 Magnum that he had stuck in his belt. Petty and others testified that when Ison arrived, Ison and Trigger exchanged words and a physical struggle ensued, and that Trigger pulled a gun and shot Ison in the left leg. Ison then ran down the hall into Mobley’s bedroom. Several witnesses testified that although they, as well as Ison, urged Trigger not to shoot Ison again, Trigger shot him again and hit him in the right thigh. Ison, who was bleeding heavily, jumped out of the bedroom window and ran off.

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