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Alexis v. State

Defendant was not entitled to a charge on voluntary manslaughter because there was no evidence of provocation and passion.

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Appellant appeals from his convictions for felony murder and aggravated assault in connection with the death of Glenda Smith and aggravated assault upon Tonya Smith.1 The evidence at trial demonstrated the following: Appellant Dexter Alexis picked up Glenda Smith, a prostitute, and parked nearby. Several minutes later, witnesses who had observed Glenda get into appellant’s car, heard a gunshot. The witnesses then found Glenda lying on the ground in a pool of blood. Glenda died shortly thereafter.

Five days later appellant returned to the same area, where he picked up another prostitute. Appellant asked the woman about the condition of Glenda, who told him that she had died. Shortly thereafter, the woman was seen running into a nearby bar, where she called the police to report appellant for Glenda’s murder. He then picked up another prostitute, Tonya Smith, who happened to be the sister of the murder victim. Appellant became very nervous upon learning Tonya’s identity. During an argument between appellant and Tonya over whether he could pay her for her services, appellant pulled out a gun. Tonya escaped from the car and ran to a nearby police officer who chased appellant until appellant crashed his car. An expert testified that the bullet removed from Glenda’s body was fired from the gun recovered from appellant’s car.

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