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Carter v. State

The jury was authorized to reject the defendant's claim that he shot the victim in self-defense during a drug transaction.

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Appellant Claron Carter was found guilty of malice murder and other offenses related to the shooting death of Dequavious Reed.1 His motion for new trial was denied, and he appeals, claiming that the evidence was insufficient to support the jury’s verdicts. Although we conclude the evidence of appellant’s guilt was sufficient to support the verdicts, our review of the record reveals an error in the trial court’s sentencing as to certain counts of the indictment. For this reason, we vacate appellant’s sentences and remand to the trial court for resentencing.

1. The evidence presented at trial authorized the jury to find that appellant and two of his brothers went to the victim’s apartment under the guise of purchasing drugs but instead planned to rob the victim. Once inside the apartment, appellant fatally shot the victim in the neck and chest and, after rifling through the victim’s pockets, stole marijuana and several hundred dollars from him. The victim was discovered lying on his back with his arms over his head. His pants were pulled down and his shirt was pulled up to his neck. The State presented evidence showing that appellant admitted to a friend, Jayvias Lott, in a recorded conversation, that he shot the victim twice in the chest, partially because one brother said appellant was too scared to do it. Appellant, in the same conversation, complained about having killed a man and getting only $200 and a couple of sacks of marijuana. Appellant admitted at trial that he shot the victim but claimed he did so in self-defense.

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