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Durham v. State

Supreme Court of Georgia

January 20, 2015

DURHAM
v.
THE STATE

Murder. Bibb Superior Court. Before Judge Christian, Senior Judge.

Green B. Moore III, Sean I. Brodie, for appellant.

K. David Cooke, Jr., District Attorney, Shelley T. Milton, Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. Attaway Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Clint C. Malcolm, Assistant Attorney General, for appellee.

OPINION

Page 513

Blackwell, Justice.

Javon Durham was tried by a Bibb County jury and convicted of murder and other crimes related to the killing of Cornelius Baldwin. [296 Ga. 377] Durham appeals, contending only that the trial court erred when it allowed the State to introduce certain testimony. Upon our review of the record and briefs, we find no error, and we affirm.[1]

1. Viewed in the light most favorable to the verdict, the evidence shows that, around 3:00 on the afternoon of January 9, 2010, Baldwin and his girlfriend, Sharon Dotson, were preparing to leave Baldwin's home in Macon so that they could pick up Dotson's older children from school. Dotson put her two younger children in the back seat of Baldwin's vehicle. As Dotson got into the front passenger seat, she saw a purple car pull up to the home. Dotson heard a gunshot, and she saw a man get out of the purple car and shoot at Baldwin. Baldwin suffered gunshot wounds to his right arm and chest, with the chest wound involving a puncture of his diaphragm and leaving it difficult for him to speak.

The gunman approached Baldwin, and as he did, Dotson heard Baldwin say, " Yavon, man, why [are] you doing this ... ?" The assailant demanded that Baldwin give over all his money, and Baldwin gave the assailant his money belt and his coat, in the pocket of which was an envelope containing a " large sum of money." The assailant then approached Dotson and demanded her cell phone, which she provided to him.

Dotson used Baldwin's cell phone to call 911, and Baldwin again stated that " Yavon" shot him. Baldwin was still responsive when paramedics arrived on the scene approximately five minutes later, and he told a paramedic in the ambulance that he was shot by his " homeboy Javon." Baldwin died at the hospital as a result of the injuries he sustained in the shooting.

Later that day, and into the following morning, Detective David Patterson contacted persons whose phone numbers he found on Baldwin's cell phone. During this process, Patterson spoke with Jamaal Ragins, who had been acquainted with both Durham and Baldwin for several years. When Patterson asked Ragins if Baldwin knew anyone named " Yavon," Ragins responded that Baldwin knew Javon Durham, and Ragins further explained that Baldwin had a [296 Ga. 378] habit of pronouncing the letter " J" as a " Y," so that he would refer to Durham as " Yavon." That same day, Patterson showed Dotson a photo lineup that included Durham's photograph, and Dotson identified Durham as the assailant.

Patterson's investigation also revealed that Durham's girlfriend, Genisha Thomas, drove a purple Ford Fusion. Dotson later identified that car as the one driven by Durham

Page 514

when he shot Baldwin. Thomas initially provided false information to police investigators, but she later admitted that Durham was in sole possession of her purple car while she was getting her hair braided at a beauty shop, beginning around 10:00 on the morning of January 9. After the shooting, Durham parked the purple car at Macon State College[2] and walked to Thomas's apartment, which was nearby. He told Jayne High, who was one of Thomas's roommates, that he had gotten into an altercation in which shots were exchanged with some of his " homeboys." High agreed to drive Durham in her car to pick up Thomas at the beauty shop, and both High and Thomas saw that Durham had placed a black handgun on the floorboard of High's car. Durham told Thomas that he had " got into it with some boys" and fired some shots at them, but he was not sure if anyone was hit. Thomas acknowledged that Durham then took her shopping in Warner Robins and that Durham -- who had no job -- used cash to buy her a new laptop computer, clothes, and shoes. That evening, High agreed to let Durham use her ID to check into a hotel (which he again paid for with cash). And Durham took Thomas, High, and another roommate -- Jaydalia Bennett -- shopping at a mall in Morrow the next day, where he used several hundred dollars in cash to buy himself clothes and shoes. That evening, Durham called High so that she would use her ID to let him check into a different hotel, and when High saw him, he gave her $2,000 in cash and told her to give it to Thomas. Thomas admitted that she wrapped up the money and hid it in a closet.

Durham does not dispute that the evidence is sufficient to sustain his convictions, but consistent with our usual practice in murder cases, we have independently reviewed the record to assess the legal sufficiency of the evidence. When we consider the legal sufficiency of the evidence, " we must view the evidence in the light most favorable to the verdict and leave questions of credibility and the resolution of conflicts in the evidence to the jury." Bradley v. State, 292 Ga. 607, 609 (1) (a) (740 S.E.2d 100) (2013). So viewed, we conclude that the evidence adduced at trial was legally sufficient to authorize a rational trier of fact to find beyond a reasonable doubt that Durham [296 Ga. 379] ...


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