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Robinson v. State

Since state crime lab expert could not say what effect cocaine had on the murder victim, his testimony that the victim consumed cocaine and a detective's testimony that the victim had cocaine in his possession was inadmissible.

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Frederick Leon Robinson was convicted of malice murder, felony murder and aggravated assault arising out of the shooting death of Mario Turner. He was sentenced to life imprisonment for the malice murder and appeals from the denial of his motion for a new trial.1 We affirm.

1. The evidence adduced at trial authorized the jury to find that after Turner switched bags of marijuana with appellant, appellant confronted Turner. The exchange was verbal, but thirty minutes later appellant returned with a double barrel shotgun and, after demanding his marijuana, shot Turner. The victim collapsed to the ground and appellant then stood over him, shooting him again at close range. The victim died on the scene from the shotgun blast to his chest. Three eyewitnesses who knew all the parties involved testified to these events and said there was no physical confrontation between Turner and appellant and the victim did not strike or threaten appellant before the shooting. In his statement to police, appellant confessed that he shot Turner but claimed he did so after Turner had thrown appellant against a trash can and taken $50 from appellant’s pocket.

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