Roller v. State

• Decision Date: 27 February 1995
• Docket Number: S94A1586,Nos. S94A1584,s. S94A1584
• Citation: Roller v. State, 453 S.E.2d 740, 265 Ga. 213 (Ga. 1995)
• Parties: ROLLER v. The STATE (Two Cases).
• Court: Georgia Supreme Court

Page 740

453 S.E.2d 740

265 Ga. 213

ROLLER v. The STATE (Two Cases).

Nos. S94A1584, S94A1586.

Supreme Court of Georgia.

Feb. 27, 1995.

Reconsiderations Denied March 20, 1995.

Jackie R. Roller, pro se.

Robert E. Keller, Dist. Atty., Todd E. Naugle, Asst. Dist. Atty., Jonesboro, Michael J. Bowers, Atty. Gen., Peggy R. Katz, Asst. Atty. Gen., Dept. of Law, Atlanta, for State.

SEARS, Justice.

Jackie Ray Roller was indicted for murder, felony murder, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a crime, all in connection with the shooting death of his former spouse. A jury convicted Roller of felony murder and possession of a firearm during the commission of a crime, and the trial court sentenced Roller to life imprisonment and a consecutive five years, respectively. ¹

1. The victim died after being shot in the back in a supermarket parking lot. At trial, the State presented evidence showing that from the time they separated until the time the victim died Roller had harassed the victim and threatened to kill her if she did not return to him. On the morning of the victim's death, Roller stopped the victim in the parking lot, which she customarily used as a shortcut when driving to her office. According to witnesses present in the parking lot, Roller's truck was parked next to the victim's car, Roller and the victim were standing outside of the vehicles arguing in loud voices, Roller chased the victim, and she yelled "Oh, no, please don't." Witnesses then heard gunshots, and saw Roller throw what looked like a gun in his truck and drive off. The victim was found lying dead in a pool of blood beside her car. There was a tire track through the pool of blood which matched the tires on Roller's truck, and his truck tires and truck body had blood on them which matched the victim's uncommon blood type. We find the evidence sufficient to allow a rational trier of fact to find Roller guilty of the crimes charged beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

2. The indictment named possession of a firearm by a convicted felon as the offense underlying the felony murder charge. Relying on Ford v. State, 262 Ga. 602, 423 S.E.2d 255 (1992), Roller argues that the trial court erred in allowing that offense to underlie the felony murder conviction. However, unlike the offense in Ford, ² under the circumstances of this case the status offense has an undeniable connection to the homicide, see Hall v. State, 259 Ga. 243, 244, 378 S.E.2d 860 (1989), and was dangerous and life threatening, see Ford v. State, 262 Ga. at 603, 423 S.E.2d 255. There is no merit to this argument.

3. We have considered the appellant's remaining enumerations and we find no error requiring reversal. ³

Judgment affirmed.

All the Justices concur.

1 The crimes were committed on April 25, 1990, and Roller was indicted during the November 1990 term of the Clayton County...