Callendar v. State, S01A1292.
| Decision Date | 11 March 2002 |
| Docket Number | No. S01A1292.,S01A1292. |
| Citation | 561 S.E.2d 113,275 Ga. 115 |
| Parties | CALLENDAR v. The STATE. |
| Court | Georgia Supreme Court |
561 S.E.2d 113
275 Ga. 115
v.
The STATE
No. S01A1292.
Supreme Court of Georgia.
March 11, 2002.
Reconsideration Denied April 11, 2002.
J. Tom Morgan, Dist. Atty., Barbara B. Conroy, Asst. Dist. Atty., Thurbert E. Baker, Atty. Gen., Paula K. Smith, Senior Asst. Atty. Gen., Tammie J. Philbrick, Asst. Atty. Gen., for appellee.
THOMPSON, Justice.
Defendant Brent Callendar was convicted of felony murder, two counts of aggravated assault, and two counts of criminal damage to property, in connection with a shootout at a package store.1 He appeals, asserting, inter alia, that the trial court should have severed his trial from that of his co-defendant, Sylvester Montgomery, who was acquitted. We find no error and affirm.
1. Viewing the evidence in a light to uphold the verdict, we find the following: When Callendar and Makia Hopkins went to a package store, several men standing outside of the store commented on Hopkins' looks. Angered, Callendar left with Hopkins; they went to a friend's apartment where Callendar asked for, and was given, a pistol. Joined by Montgomery, who carried an assault rifle, Callendar and Hopkins returned to the store in a vehicle which Callendar had been driving. Callendar "whipped" into a parking space; then he and Montgomery got out of the vehicle, brandishing their weapons. The men in front of the store started to run. Callendar called out, "Why are y'all disrespecting my girl?" Then Callendar and Montgomery started shooting. Two men ran across the street; one of them, Laderrius Harper, was shot; he died of his
Before leaving the scene, Callendar approached a woman who was screaming as she sat in a car. He slammed the handgun against the windshield of the car and shattered it. Then he and Montgomery returned to the vehicle in which they came. They drove off with Hopkins.
The evidence was sufficient to enable any rational trier of fact to find Callendar guilty beyond a reasonable doubt of the crimes for which he was convicted. That Montgomery may have fired the shot which hit Harper is of no consequence because the evidence demonstrated that Callendar and Montgomery acted in concert. Royal v. State, 266 Ga. 165, 166(1), 465 S.E.2d 662 (1996); Arrington v. State, 244 Ga.App. 529, 531, 536 S.E.2d 212 (2000).
[275 Ga. 116] 2. Callendar asserts the trial court erred in failing to order that he and Montgomery be tried separately. This assertion is predicated upon the fact that, when Callendar testified, Montgomery's counsel asked Callendar why he did not volunteer any information about the shootout until the police contacted him, more than a year later. We find no error.
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