Bolden v. State

Supreme Court of Georgia

Bolden v. State

438 S.E.2d 359, 263 Ga. 772, 94 Fulton County D. Rep. 101, 1994 Ga. LEXIS 2

Supreme Court of Georgia·Decided January 10, 1994·No. S93A1974·Published

Opinion

Hunstein, Justice.

Appellant, Willie Frank Bolden, was found guilty of the felony murder of Eddie Dobson and of possession of a firearm during the commission of a crime.¹ Bolden appeals, contending that the trial court erred by admitting evidence of an independent offense he had purportedly committed. We disagree and affirm.

1. Evidence adduced at trial showed that appellant and the victim were engaged in an argument. As the victim walked with his wife in the direction of his apartment and appellant returned to the porch of another apartment, a beer bottle was thrown towards appellant from an unknown source. The bottle did not strike appellant. Appellant thereafter pulled his gun from the waist of his pants and fired several shots at the victim striking him in the back of the head. Having reviewed the evidence in the light most favorable to the jury’s determination, we conclude that a rational trier of fact could have found appellant guilty of the crimes charged beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. We have reviewed appellant’s sole enumeration of error and have found it to be without merit. See Malcolm v. State, 263 Ga. 369 (2) (434 SE2d 479) (1993); Edwards v. State, 262 Ga. 470 (2) (422 [773]*773SE2d 424) (1992).

Decided January 10, 1994 Reconsideration denied February 3, 1994. James A. Yancey, Jr., Timothy L. Barton, for appellant. Glenn Thomas, Jr., District Attorney, Stephen D. Kelley, Stephen G. Scarlett, Assistant District Attorneys, Michael J. Bowers, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, Matthew P. Stone, Staff Attorney, for appellee.

Judgment affirmed.

All the Justices concur.

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Hunstein, Justice.

Appellant, Willie Frank Bolden, was found guilty of the felony murder of Eddie Dobson and of possession of a firearm during the commission of a crime.¹ Bolden appeals, contending that the trial court erred by admitting evidence of an independent offense he had purportedly committed. We disagree and affirm.

1. Evidence adduced at trial showed that appellant and the victim were engaged in an argument. As the victim walked with his wife in the direction of his apartment and appellant returned to the porch of another apartment, a beer bottle was thrown towards appellant from an unknown source. The bottle did not strike appellant. Appellant thereafter pulled his gun from the waist of his pants and fired several shots at the victim striking him in the back of the head. Having reviewed the evidence in the light most favorable to the jury’s determination, we conclude that a rational trier of fact could have found appellant guilty of the crimes charged beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2. We have reviewed appellant’s sole enumeration of error and have found it to be without merit. See Malcolm v. State, 263 Ga. 369 (2) (434 SE2d 479) (1993); Edwards v. State, 262 Ga. 470 (2) (422 [773]*773SE2d 424) (1992).

Decided January 10, 1994 Reconsideration denied February 3, 1994. James A. Yancey, Jr., Timothy L. Barton, for appellant. Glenn Thomas, Jr., District Attorney, Stephen D. Kelley, Stephen G. Scarlett, Assistant District Attorneys, Michael J. Bowers, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, Matthew P. Stone, Staff Attorney, for appellee.

Judgment affirmed.

All the Justices concur.

Bolden v. State, 438 S.E.2d 359, 263 Ga. 772, 94 Fulton County D. Rep. 101, 1994 Ga. LEXIS 2 (Ga. 1994).

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