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Priesterv.State

CourtSupreme Court of Georgia
Docket No.S23A0109
DecidedApril 18, 2023
Reporter316 Ga. 133; 886 S.E.2d 805; 2023 Ga. LEXIS 75
JudgesCOLVIN, Justice. All the Justices concur, except Peterson, P. J., disqualified.
Tags
CriminalMurderRule 404(b)Other Acts EvidenceIdentityHarmless ErrorJury Instructions
Case Summary

Surveillance showed a shooter leave a distinctive green Avalanche, approach gas-station customer Genaro Rojas-Martinez, and shoot him. Witness testimony tied Priester to the truck, and cell-site data placed his phone near the restaurant before the killing and near the station just afterward. A jury convicted Priester of malice murder and firearm offenses. The State also introduced testimony that the day before he robbed two men at gunpoint during a drug deal and fired into their car; the jury was instructed to consider this other-act evidence for opportunity, intent, knowledge, and absence of mistake, but not propensity. On appeal, the State conceded the evidence was inadmissible to prove intent, knowledge, or absence of mistake. The Georgia Supreme Court assumed without deciding that admission was error, but held any error harmless given the strong identification evidence and limiting instructions. Because Priester had not objected to the charge, the court reviewed for plain error and held that the instructions as a whole did not likely affect the verdict. It affirmed the convictions and sentences.

Opinion

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