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Hightower v. State

The defendant shot the murder victim in the head during an argument.

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Antonio Hightower was convicted of felony murder, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon.1 Hightower appeals those convictions. Finding no error, we affirm. 1. The evidence presented at trial showed that on September 11, 1997, Hightower, Randy Pittman and Paul Smith were socializing at a friend’s house. After an argument, Hightower chased Pittman into a neighbor’s yard and struck him in the head with a beer can. Smith then grabbed Hightower from behind and both men fell to the ground. An eyewitness testified that Hightower got on top of Smith and fatally shot him in the head. Hightower then began to fire down the street at Pittman, who was running away, but failed to hit him.

After reviewing the evidence in the light most favorable to the jury’s determination of guilt, we conclude that a rational trier of fact could have found beyond a reasonable doubt that Hightower was guilty of the crimes for which he was convicted.2 Accordingly, Hightower’s challenge to the sufficiency of the evidence is without merit.

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