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Jordan v. State

Supreme Court of Georgia

November 18, 2019

JORDAN
v.
THE STATE.

Page 87

         

           Murder. Ben Hill Superior Court. Before Judge Hughes.

         COUNSEL:

          Matthew K. Winchester, for appellant.

          Bradford L. Rigby, District Attorney; Christopher M. Carr, Attorney General, Patricia B. Attaway Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Vanessa T. Sassano, Assistant Attorney General, for appellee.

          Judges: BLACKWELL, Justice. All the Justices concur.

         OPINION

Page 88

          Blackwell, Justice.

          Wayan Malik Jordan was tried by a Ben Hill County jury and convicted of murder and other crimes in connection with the fatal shooting of Craigory Burch. Jordan appeals, contending that the State failed to present evidence legally sufficient to sustain his convictions, that he was denied the effective

Page 89

assistance of counsel at trial, and that the trial court erred when it admitted certain evidence of gang activity. Upon our review of the record and briefs, we find no reversible error, and we affirm.[1]

         [307 Ga. 451]1. Viewed in the light most favorable to the verdict, the evidence shows that on January 20, 2016, Dabrentise Overstreet contacted Jordan, Nathaniel Baker, and others affiliated with the "G-Shine" gang so that they could commit a robbery. Their target was Burch, who recently had won approximately $430,000 in the Georgia Lottery and had purchased a home in Fitzgerald with some of the proceeds. Jordan was initially reluctant to participate, but he ultimately agreed to do so in order to redeem himself after a prior incident in which he had stolen drugs from the gang.

          The gang members went to Burch's home in two cars (driven by Overstreet's and Baker's girlfriends), stopping along the way so that Jordan could acquire a firearm. Baker kicked in the front door of the home, and he, Overstreet, and Jordan entered with their guns drawn.[2] Burch was in the living room of his home with his girlfriend — Jasmine Hendricks — and their two young children,[3] and Overstreet and Jordan held them at gunpoint and demanded money while Baker went to the back of the house to look for valuables. Overstreet shot Burch several times in the leg while Burch was holding his two-year-old son on the sofa,[4] and Jordan went through Hendricks's ...


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