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Thomas v. State

The trial court did not abuse its discretion in allowing the state to further cross-examine the defendant regarding matters that were raised for the first time during his co-defendant's cross-examination of him.

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A jury convicted Quincy Thomas for the shooting death of Shaun Gunn. On appeal, Thomas contends that the trial court erred when it permitted the State to cross-examine Thomas a second time even though he had not given any testimony on redirect. Because we find the trial court did not abuse its discretion in permitting the State to ask Thomas limited additional cross-examination questions and his other enumerations are without merit, we affirm.1

1. Taken in the light most favorable to the jury’s verdict, the evidence presented at trial showed that, early on the morning of December 11, 1996, Thomas and two companions, Jermeal Wallace2 and someone known as “Big E,” drove to an apartment complex known for its illegal drug activity. Once there, Wallace jumped out of the car and told Gunn and two other men to empty their pockets because he was robbing them, and then Wallace began shooting. Gunn was hit in the head and died later that same day. Following a high-speed car chase with the police, Thomas crashed the car and was arrested. Wallace was apprehended a short time later, but “Big E” escaped. We conclude that there was sufficient evidence from which a rational trier of fact could have found Thomas guilty beyond a reasonable doubt of the crimes for which he was convicted.3

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