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Dean v. State

The trial court did not abuse its discretion in admitting several crime scene photographs of the victim's body.

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A jury convicted Danny Joe Dean of malice murder and numerous other charges, stemming from the fatal shooting of James L. McCollum.1 On appeal from the denial of his motion for new trial, Dean challenges: 1 the sufficiency of the evidence to support a conviction on all counts; and 2 the admission of photographs of the victim and the crime scene as unduly prejudicial. Finding no error, we affirm.

Viewed in a light most favorable to the verdict, the evidence showed that Dean and co-defendants Stamey, Dunn and Hyatt went to the victim’s house on December 1, 1999, with the intention of breaking into the home to steal drugs. All of the perpetrators were wearing gloves and masks; Dean and Stamey each carried firearms. They gained entry by breaking a back window. Once inside, Dean shot the victim and a guard dog. After exiting the home, all co-defendants went to the home of Dean’s father, where they secreted most of the firearms and clothing associated with the crime.

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