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Moore v. State

The trial court did not abuse its discretion in permitting a GBI agent, who was the primary investigator in the defendant's murder case, to sit at the prosecution table during trial despite the rule of sequestration, as the prosecutor specifically explained to the trial court that the agent's presence was needed to assist in the orderly presentation of the case, which involved over 30 witnesses and a significant amount of paperwork and CDs.

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Following a jury trial, Alfonso Moore was found guilty of felony murder, aggravated assault, armed robbery, and various other offenses in connection with the shooting death of Dominga Trejo and the theft of her truck.1 On appeal Moore contends that the trial court erred by allowing a State’s witness to sit at the prosecution table during the trial, and that the trial court erred by allowing the State to make improper comments during its closing argument. We affirm.

1. Viewed in the light most favorable to the jury’s verdict, the evidence reveals that, on the evening of November 9, 2012, Trejo drove to a Quick Mart convenience store at the Regency Village trailer park to pick up her husband from work. Moore arrived at the scene riding a bicycle. After Trejo arrived at the convenience store in her Ford truck at around 7:00pm, but before her husband was able to meet her, Trejo was shot by Moore four times. Moore also stole Trejo’s truck. Witnesses at the scene heard the gunshots and also saw Moore driving the truck. Trejo died from her gunshot wounds, and her body was found later that same evening lying in the road towards the back of the trailer park. Moore admitted at trial that he was the man on the bicycle at the scene of the crime and that he had stolen the truck, but he also claimed that he never saw Trejo and that he had not shot and killed her.

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