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Hill v. State

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Cedric Hill was convicted of malice murder, two counts of felony murder, aggravated assault, and possession of a firearm by a convicted felon in the shooting death of Orlando Theney.1 On appeal Hill maintains that his trial counsel was ineffective. Because Hill has failed to demonstrate that trial counsel’s performance was deficient or his defense was prejudiced, we affirm Hill’s convictions.

1. The evidence presented at trial shows that Hill and Theney argued after Theney gave Hill’s girlfriend illegal drugs for safekeeping while Theney went to buy additional drugs. Eyewitnesses testified that Theney threatened to “whop” and “bust” Hill, but did not strike him. Hill walked toward his car, returned, pulled a pistol from his clothing, and began firing. As Theney ran, Hill shot him in the back. Hill fled the scene and was not apprehended until six weeks later. A nine-millimeter bullet and two spent cartridges were retrieved from the crime scene. Hill’s weapon, identified as a nine-millimeter pistol, was never recovered.

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