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Final Copy 289 Ga. 666

S11A0759. COLLINS v. THE STATE. BENHAM, Justice. On December 1, 2006, while driving in his white Cadillac along a street in DeKalb County, appellant Leroy Collins shot into a green Chevrolet Monte Carlo and fatally injured Mitchell Smalls IV (hereinafter, the "victim") who was the passenger and three-year-old son of the Monte Carlo's driver Mitchell Smalls III (hereinafter, "Smalls").1 Appellant and Smalls had been in business together and had a dispute several months prior to the shooting. Appellant turned himself in to police on December 3, 2006, upon learning Smalls's child had been shot.2 Eyewitnesses testified that they saw an arm from the white car reach out with a gun and shoot at the green car. Appellant testified at trial and conceded he shot at least six times at the green Monte Carlo in which the victim was a passenger, but contended he shot in self-defense because he alleged
A DeKalb County grand jury indicted appellant on charges of malice murder, felony murder, aggravated assault (two counts), and possession of a firearm by a convicted felon. Appellant was tried before a jury from November 26 to November 30, 2007, and the jury returned a verdict of guilty on all charges. The trial court sentenced appellant to life for malice murder, 20 years consecutive for aggravated assault (of Smalls), and 15 years for possession of a firearm by a convicted felon. The charge of aggravated assault (of the victim) merged and the felony murder charge was vacated as a matter of law. Appellant filed a motion for new trial on December 27, 2007, and amended the motion on August 28, 2008. The trial court held the motion for new trial hearing on May 7, 2010, and denied the motion on July 21, 2010. Appellant filed a timely notice of appeal, and the case was docketed to the April 2011 term of this Court and orally argued on May 11, 2011. The victim died from his gunshot wounds approximately a week after the shooting and after appellant turned himself in to authorities.
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Smalls fired a shot at him first. The incident was captured on video by the dashboard camera of a passing motorist, and the video was played for the jury at trial. 1. The evidence as described above was sufficient for a rational trier of fact to find beyond a reasonable doubt that appellant was guilty of the crimes for which he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2. Appellant contends that reversible error occurred when he testified in his own defense at trial. Specifically, appellant objects to the following testimony elicited on cross-examination by the prosecutor: Q. So your testimony today is you got the car fixed right after the shooting; is that correct? A. Yes, ma'am. Q. But you didn't get the driver's side mirror fixed, correct? A. Yes, ma'am. Q. And you didn't, when you turned yourself in on Sunday, December 3rd

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