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Fann v. State

Evidence that defendant discussed robbing a gas station a day or two before he robbed the victim, as well as evidence that he was using cocaine and marijuana at that time, was admissible to show defendant's motive for robbing the victim.

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Octavius Fann was convicted of felony murder and armed robbery for the shooting death and robbery of Clemmie Adams.1 On appeal, Fann contends that his trial attorney provided ineffective assistance of counsel. Because that claim and Fann’s other enumerations of error are without merit, we affirm.

1. Taken in the light most favorable to the jury’s verdict, the evidence presented at trial showed that, on January 31, 2000, Adams was in his Lincoln Navigator when Fann shot him and pushed him out of the Navigator. As Adams lay in the street, Fann stood over him and yelled “give me the money; give me the dope.” Fann then rifled Adams’s pockets before driving away in the Navigator. A few hours later, Fann sold the Navigator’s wheels and custom rims for $500 and abandoned the rest of the vehicle. We conclude that there was sufficient evidence from which a rational trier of fact could have found Fann guilty beyond a reasonable doubt of the crimes for which he was convicted.2

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