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Final Copy 287 Ga. 676 S10A0092. KENDRICK v. THE STATE. HINES, Justice. Kenneth Earl Kendrick appeals his convictions for malice murder and possession of a firearm by a convicted felon during the commission of a felony, in connection with the death of J'Muar Undrelle Taylor. For the reasons that follow, we affirm.1 Construed to support the verdicts, the evidence showed that Kendrick lived with Sheila Hill. Kendrick owned a white Oldsmobile Cutlass; Hill owned an Acura Legend. In the early morning hours of August 4, 2003, Taylor was driving a Hyundai automobile, with his friend Robert Brooks as his passenger.

Taylor was killed on August 4, 2003. On September 29, 2005, a Gwinnett County grand jury indicted Kendrick for malice murder, felony murder while in the commission of aggravated assault, felony murder while in the commission of the crime of possession of a firearm by a convicted felon, and possession of a firearm by a convicted felon during the commission of a felony. Kendrick was tried November 13-17, 2006, and was found guilty on all counts. On November 21, 2006, Kendrick was sentenced to life in prison for malice murder, and a consecutive term of 15 years in prison for possession of a firearm by a convicted felon during the commission of a felony; the convictions for felony murder stood vacated by operation of law. See Malcolm v. State, 263 Ga. 369, 371-374 (4), (5) (434 SE2d 479) (1993). Kendrick moved for a new trial on December 7, 2006, and amended the motion on November 10, 2008. The motion was denied on December 15, 2008, and Kendrick filed a notice of appeal on December 23, 2008. His appeal was docketed in the January 2010 term of this Court, and submitted for decision on the briefs.

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The men saw a white Oldsmobile Cutlass, and Taylor said that he would steal it; a light-colored Acura Legend was nearby. Taylor exited the Hyundai, and Brooks got into the driver's seat. Taylor entered the Cutlass, broke open the ignition, and drove away; Brooks followed him in the Hyundai. At a traffic light, Brooks saw a light-colored Acura Legend pull up beside the Cutlass, and three or four gunshots were fired from the Acura toward the Cutlass. The Cutlass drove through the light, with the Acura following; two or three more shots were fired from the Acura toward the Cutlass. After a few hours, Brooks placed an anonymous telephone call to police and related the events; he later gave police investigators a statement. A witness who saw the cars as the gunshots were fired telephoned 911. At 3:00 a.m., a responding police officer found the Cutlass crashed against a utility pole, with Taylor in the driver's seat; he was dead from two gunshot wounds to the head. The car had struck the pole at a high rate of speed, without braking. A spent bullet was found on the floor of the Cutlass. Later that morning, Kendrick reported his Cutlass automobile stolen. A police investigator interviewed him at his home; Kendrick stated that he had seen his car at 10:00 p.m. on August 3, 2003, noticed it missing at 5:05 a.m. on August 4, 2003, and
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did not know who had taken it. A search warrant for Kendrick's home was secured, and executed the next day; during the execution of the warrant, Kendrick repeated the version of events he had given the day before. An officer searching Kendrick's home discovered an unfired .380 caliber cartridge; spent bullets of that caliber were found inside the Cutlass. Bullet casings found underneath the driver's seat of the Acura and in the vicinity of the Cutlass were consistent with the spent bullets found inside the Cutlass. Kendrick was arrested, and telephoned Hill from the jail. Kendrick told Hill that: he heard his Cutlass being stolen; he chased after the Cutlass in her Acura; he shot at the driver of the Cutlass; he saw the Cutlass crash; he exited the Acura; he went to the Cutlass to see if he could identify the driver; he shot the driver; and he threw away the firearm. At trial, Kendrick testified that: he heard his Cutlass being stolen; he took a pistol and entered Hill's Acura to give chase; he saw the driver of the Cutlass produce a pistol; he and the driver of the Cutlass shot at one another; and he drove away. No bullet holes were found on the Acura that Kendrick was

driving, and no weapon was found in the Cutlass; Brooks testified that no gunshots were fired from the Cutlass, and that he never knew Taylor to carry a
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firearm. 1. The evidence was sufficient to enable a rational trier of fact to find Kendrick guilty beyond a reasonable doubt of the crimes of which he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2. On cross-examination, the State asked Kendrick whether his testimony on direct examination was "the very first time any member of law enforcement of anyone [sic] associated with the State of Georgia has heard your explanation that you were defending yourself . . .?" Kendrick's attorney objected that this was a comment on Kendrick's right to remain silent, and the trial court overruled the objection. As Kendrick had chosen to speak to the investigating officer, the State could properly impeach him with his prior inconsistent statements. Pye v. State, 269 Ga. 779, 786-787 (14) (505 SE2d 4) (1998); McMichen v. State, 265 Ga. 598, 606 (11) (a) (458 SE2d 833) (1995). See also Stringer v. State, 285 Ga. 842, 846 (4) (684 SE2d 590) (2009).

3. Kendrick contends that the trial court erred in not instructing the jury on the law of defense of habitation, in the context of an automobile. See OCGA
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