Rolando Dupree Frazierv.The State
Rolando Dupree Frazier was convicted of conspiracy to commit aggravated assault on a police officer after gunfire struck a police vehicle. The jury acquitted him of the related aggravated-assault, obstruction, government-property, and firearm counts. The Court of Appeals reversed the conspiracy conviction. The evidence showed that Frazier possessed an assault rifle and told others to run after announcing that he would shoot the officer, but it did not establish that another participant agreed to commit the charged assault. The State also failed to present evidence that a co-indictee handed Frazier the weapon as alleged or that the group formed a mutual agreement. The court held that awareness of an impending crime and flight at Frazier’s direction were not enough, standing alone, to prove conspiracy beyond a reasonable doubt. Because the evidence did not show the required agreement, the conviction could not stand. The court did not reach Frazier’s remaining claims.
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