Hendrix v. State

The appellant, David Hendrix, appeals from his convictions for murder and other crimes stemming from the deaths of Algernon Nash and Rodney Rozier.1 On appeal, Hendrix contends, among other things, that his trial counsel provided ineffective assistance and that the trial court erred in denying his motion to sever his case from that of his co-defendant, Kenny Hilton. For the reasons that follow, we find no merit to Hendrix’s contentions and affirm his convictions. 1. Viewed in the light most favorable to the verdict, the evidence shows that a rational trier of fact would have been authorized to find that Hendrix’s relationship with Tina Robinson had ended shortly before September 5, 2003, that Robinson was pregnant, and that Hendrix was extremely jealous of Rodney Rozier because Hendrix believed that Rozier might be the father of Robinson’s child. The evidence also shows that, in the early morning hours of September 6, 2003, Hendrix forced Kenny Hilton to call Rozier and ask Rozier to come to Hendrix’s house to sell Hendrix some drugs. Rozier, along with Algernon Nash, came to Hendrix’s house where, according to Hilton, Hendrix shot them both with a shotgun. Hilton added that Hendrix then forced him to help Hendrix put the bodies in Nash’s car, drive the car to a different location, pour gasoline on the car, and set it on fire.

Sergeant Fred Lewis of the Clayton County Sheriff’s Office testified that he had grown up with Hendrix and had known Hendrix and his family for many years. Sergeant Lewis added that, on August 31, 2003, Hendrix called him and told him that he was concerned about his girlfriend and that he wanted to know what his options were. According to Lewis, Hendrix told him that his girlfriend was pregnant and that she was living in a house where drug activity was prevalent. Sergeant Lewis testified that he told Hendrix he would refer the information about drug use to the narcotics unit and that, as for the issue concerning the child, he should get an attorney. Sergeant Lewis also testified that, after Hendrix was charged with murder, he called him twice about turning himself in.