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Collins v. State

Defense counsel was not ineffective for failing to object to character evidence that established defendant's motive for committing the crimes.

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Derrick Levert Collins was convicted by a jury of malice murder, felony murder, and possession of a firearm during the commission of a crime.1 On appeal he challenges the sufficiency of the evidence and asserts that he was denied effective assistance of trial counsel. Finding no error, we affirm.

Viewed in a light most favorable to the verdict, the evidence shows that after receiving information that narcotics were being sold from Collins’ residence, investigators conducted a controlled purchase of cocaine from that location. The information was used to obtain a warrant to search the premises. Upon further surveillance, an officer observed Collins, co-defendant Lekendrick Passmore, and another man leave the apartment and drive away in Passmore’s car. The officer approached the car and obtained Passmore’s consent to search it. A loaded .9 mm handgun belonging to Passmore was found in the glove compartment. The men were escorted back to Collins’ residence where the search warrant was executed. Only trace amounts of crack cocaine were found; no arrests were made; and Passmore’s gun was returned to him after it was emptied of ammunition. During the search Collins became extremely agitated, insisting that the officers disclose the name of the person who had provided information for the warrant.

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