Douglas v. State

811 S.E.2d 337
Supreme Court of Georgia·Decided March 5, 2018·No. S17A1348·Published·Cited by 19 cases

Opinion

HUNSTEIN, Justice.

Appellant Anthony Lee Douglas was convicted of malice murder and associated offenses in connection with the shooting deaths of Keith Davis and Charles Avent and the wounding of Sheldon Thomas. On appeal, Appellant contends that the trial court erroneously denied his motion to suppress and improperly admitted other acts evidence under OCGA § 24-4-404 (b). Though we conclude that Appellant was erroneously sentenced, we otherwise affirm.1

*340We begin by examining the evidence adduced during trial, reviewing the evidence in a light most favorable to the verdicts. The victims-Charles Avent, Keith Davis, and Sheldon Thomas-were on a forested path walking toward the Texaco gas station near Highway 42 in Clayton County, Georgia, when they were approached by an individual in a black nylon jacket. Davis greeted the man, whom he recognized, and conversed with him for several minutes; the man asked for money during the conversation, but no one in the trio was able to oblige. According to Thomas, the man pulled a pistol from the pocket of his jacket and ordered the men to empty their pockets and then lie on the ground. Thomas recounted at trial that the assailant told the men, "Lay y'alls' a**es on the ground. This don't have sh*t to do with y'all, it's this snitching a** m*****f*****." After the three men complied, the assailant shot Davis twice in the head and then shot Avent; Thomas attempted to run away but was shot six times. Thomas, who pretended to be dead, watched the shooter exhaust his ammunition, take money and cigarettes, and then flee. Willie Johnson Jr., who was using a laundromat attached to the Texaco station, heard shots and then observed a man walk quickly from the forested path to a waiting late-model Ford Taurus driven by an older, large-chested black woman; Johnson noted that the black Ford had damage to the front-passenger portion of the car.

Avent was pronounced dead at the scene, and Davis died days later in the hospital; Thomas survived, though he suffered extensive injuries from the shooting. While still in the hospital, Thomas was able to describe the shooter to a sketch artist and tentatively identify Appellant in a photo line-up; Thomas later conclusively identified Appellant at trial, and the State adduced the sketch of the shooter. Approximately a month after the shooting, sheriff's deputies initiated a traffic stop of a late-model black Ford Taurus with front-passenger-side damage being driven by an individual matching Appellant's description. In the car, officers encountered Appellant, as well as his mother, who was described as an older, heavy-set black woman; the vehicle was registered to Appellant's mother. A search of the vehicle revealed a .40-caliber Glock pistol. At trial, the jury heard testimony from numerous experts that the projectiles removed from the victims had been fired from a .40-caliber Glock pistol and that shell casings recovered from the scene had been expelled from the weapon discovered in the Ford Taurus.

A search of Appellant's residence revealed a black nylon jacket consistent with Thomas's description, as well as handwritten notes and drawings reflecting phrases such as, "Bang bang!," "Keep my banger at all times," and "kill o b killed." The jury also received cell-phone records indicating that, at the time of the shooting, a cell phone belonging to Appellant's mother was within two miles of the scene; likewise, the jury heard testimony that Appellant was known to sometimes use his mother's cell phone and to travel in the Ford Taurus with her. Finally, the jury heard testimony that Appellant and Davis had been friends but that, sometime before the shooting, the friendship had soured after Davis cooperated with an unrelated *341police investigation involving a friend of Appellant.

1. Although Appellant does not challenge the sufficiency of the evidence, it is our customary practice in murder cases to review the record independently to determine whether the evidence was legally sufficient. Having done so, we conclude that the evidence as summarized above was sufficient to authorize a rational trier of fact to conclude beyond a reasonable doubt that Appellant was guilty of the crimes of which he was convicted. See Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.E.2d 560 (1979).

2. Prior to trial, Appellant moved to suppress any evidence seized during the roadside search of the Ford Taurus. Specifically, Appellant argued that there was insufficient cause to initiate the traffic stop and to conduct the subsequent search. Following a hearing, during which the State presented testimony from the relevant sheriff's deputies, the trial court entered a lengthy order denying the motion. In its order, the trial court concluded that Appellant's failure to signal a right turn during a "high traffic time" in a "high traffic area" was sufficient to warrant the traffic stop; the trial court also determined that a detailed be-on-the-lookout ("BOLO") notice, which generally matched Appellant's appearance and specifically matched his vehicle, would likewise have made the stop lawful. With respect to the subsequent search of the Ford, the trial court concluded that the officers had probable cause to conduct the search because they detected the odor of burnt or burning marijuana, a scent they had training and experience to recognize. Appellant argues that the trial court's ruling was erroneous; we disagree.

In Tate v. State, 264 Ga. 53, 440 S.E.2d 646 (1994), this Court discussed the manner in which we review a ruling on a motion to suppress.

First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge hears the evidence, and his findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support it. Second, the trial court's decision with regard to questions of fact and credibility must be accepted unless clearly erroneous. Third, the reviewing court must construe the evidence most favorably to the upholding of the trial court's findings and judgment.

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Douglas v. State, 811 S.E.2d 337 (Ga. 2018).

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