Fleming v. State

830 S.E.2d 129, 306 Ga. 240
Supreme Court of Georgia·Decided June 24, 2019·No. S19A0116·Published·Cited by 35 cases

Opinion

Melton, Chief Justice.

*132**240Charles Fleming was tried and convicted of murder and related offenses in connection with the crimes he committed against Lamonte Corbin and Tracy Skrine.1 Fleming appeals, alleging that the evidence was insufficient to support his convictions, that the trial court erred by improperly admitting certain evidence at trial, and that he received ineffective assistance of counsel. Finding no reversible error, we affirm.

1. Viewed in the light most favorable to the verdict, the evidence presented at trial established that, at all relevant times, Skrine lived in a house in DeKalb County known to be a "hangout spot" from which Skrine sold drugs. Skrine and Fleming were longtime friends, and, in April 2015, Skrine introduced Fleming to Corbin and Howard Archer.

On April 25, 2015, Archer was at Skrine's house along with Desmond Snider, Lamonte Collins, and Ivy Hampton. Fleming stopped by around 3:00 p.m. and asked if anyone had information regarding who had shot and killed his brother.2 The men denied having any knowledge about the shooting. Fleming left the house, but returned a few hours later with three unknown men. Hampton later told officers that Skrine and Fleming had argued earlier in the day, and that Fleming told Skrine "he was coming back." Skrine told officers he believed that Fleming had brought the three unknown men to the house because Fleming thought Skrine and Corbin were withholding information regarding who shot Fleming's brother. Archer, who was sitting in his car at this time, saw Fleming and the unknown men make hand signals and perform handshakes associated with the **241Bloods street gang. Archer further testified that, on a prior occasion, Fleming had self-identified as a member of the Bloods.

Fleming approached Archer and asked if he had a gun, to which Archer replied, "no." When Hampton told the group of men that Skrine was not at home, Fleming decided to remain outside by the carport while his companions went inside the house.

Skrine returned home later with his girlfriend, Brittni Chatman, and Corbin. The three walked through the carport and into the house. Archer also went inside. There, he saw Skrine counting money while in the living room with the three unknown men who had arrived with Fleming. At this time, one of the men flashed a gun at Archer, leading *133him to believe that a drug deal was underway. Then Fleming came inside the house, gave the unknown men a "look," and walked back out to the car. Soon after, the men approached Corbin and Skrine, brandished their guns, and began shooting. Then they fled the house, got into a running car where Fleming was waiting, and drove away.

After the shooting, Snider, Archer, and Chatman found Corbin lying unresponsive on the floor of the kitchen. Skrine was hiding in his bedroom and had suffered a gunshot wound to his left buttock. Archer and Chatman called the police, but Corbin had died by the time they arrived. Officers found a $ 1 bill and a small bag with a white powdery substance in Corbin's right hand. The medical examiner concluded that Corbin sustained three gunshot wounds, with the one to his chest being the cause of death.

During their investigation of the crime scene, officers located one unfired 9mm round and two 9mm cartridge casings on the dining room floor, one 9mm cartridge casing on the kitchen floor by the entrance to the house, and two ".380-caliber"3 cartridge casings on the living room floor. The medical examiner also located a ".380-caliber" bullet in Corbin's body during the autopsy. Based upon the ballistics evidence found at the scene and during the autopsy, a GBI firearms examiner concluded that between three and five firearms were involved in the shooting. Chatman and Skrine later identified Fleming in a photographic line-up, and Archer, Snider, and Hampton all made in-court identifications of Fleming at trial. In addition to presenting testimony that Fleming was seen making gang signs on the night of the shooting, and that he had previously self-identified as a member of the Bloods, the State called a gang expert at trial to testify about additional evidence of Fleming's gang affiliation. This expert opined that Fleming was a high-ranking **242Bloods member who had the authority to order a retaliatory and violent attack on a person who had wronged the gang or one of its members. The State also presented evidence pursuant to OCGA § 24-4-404 (b) ("Rule 404 (b)") of a retaliatory gang attack orchestrated by Fleming that occurred at the DeKalb County jail prior to trial. Finally, the parties stipulated to Fleming's status as a convicted felon in relation to the charge of possession of a firearm by a convicted felon.

Contrary to Fleming's assertion, the evidence presented at trial was sufficient to enable a rational trier of fact to find him guilty beyond a reasonable doubt of the crimes for which he was convicted. See Jackson v. Virginia , 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). "This Court does not reweigh evidence or resolve conflicts in testimony; instead, evidence is reviewed in a light most favorable to the verdict, with deference to the jury's assessment of the weight and credibility of the evidence." (Punctuation and citation omitted.) Hayes v. State , 292 Ga. 506, 506, 739 S.E.2d 313 (2013). See also OCGA § 16-2-21 (party to a crime); Parks v. State , 272 Ga. 353, 354-355, 529 S.E.2d 127 (2000).

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Fleming v. State, 830 S.E.2d 129, 306 Ga. 240 (Ga. 2019).

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