Smith v. State

A jury found Kenyama Smith guilty of felony murder, armed robbery, and aggravated assault. Merging the armed robbery and aggravated assault counts into the felony murder count, the trial court sentenced Smith to life imprisonment. The trial court denied a motion for new trial.1

1. Construed most strongly in favor of the verdict, the evidence shows that Smith grabbed something from the victim at gunpoint, shot him in the leg, and then struggled over control of the weapon. Smith’s co-conspirator, Courtney Williams, waited around a corner and shot the victim when his back was turned. Both Smith and Williams then reached into the victim’s pockets and fled. The jury may infer criminal intent from conduct before, during, and after commission of the crime. Parks v. State, 272 Ga. 353, 354 529 SE2d 127 2000. The evidence demonstrates that Smith committed the underlying felonies while acting in concert with the actual shooter. Parks v. State, supra at 354-355; Martin v. State, 271 Ga. 301, 304 1 518 SE2d 898 1999. Compare Hyman v. State, 272 Ga. 492, 493 1 531 SE2d 708 2000. The evidence was sufficient to enable a rational trier of fact to find Smith guilty of felony murder beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.