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Final Copy 290 Ga. 757

S11A1776. DAVIS v. THE STATE.

HUNSTEIN, Chief Justice. Dutch Davis was convicted of felony murder predicated on a drug transaction and attempted violation of the Georgia Controlled Substances Act ("VGCSA").1 Davis's motion for new trial was denied, and he now appeals that decision. 1. Viewed in the light most favorable to the verdict, the evidence shows that Davis and his brother, Justin, went to a vacant apartment on Camp Creek Parkway on March 30, 2006 to buy marijuana from the victim, Lafe Dalton, and

The crimes occurred on March 30, 2006. Davis was indicted in Fulton County on charges of malice murder, felony murder during the commission of aggravated assault, two counts of aggravated assault, possession of a firearm during the commission of a felony, attempted armed robbery, felony murder predicated upon a "marijuana drug transaction while in possession of a deadly weapon in a residential area," and attempted violation of the VGCSA. He was found guilty of felony murder predicated on the drug transaction and VGCSA and sentenced to life in prison plus five years. His motion for new trial, filed September 14, 2010, was denied April 11, 2011. The appeal was docketed for the September 2011 term in this Court and was submitted for decision on the briefs.

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another man, Alan Simpson. Simpson testified that as Dalton was weighing the marijuana, Justin pulled a gun with the intent of robbing Dalton and Simpson. An altercation ensued, and Justin Davis shot Dalton. The Davis brothers fled after the shooting. Simpson called 911, but when the police arrived, Dalton was dead. Justin was convicted of felony murder predicated on the drug transaction and attempted VGCSA. His convictions were upheld by this Court. Davis v. State, 287 Ga. 173 (695 SE2d 251) (2010). The evidence in this case was sufficient for the jury to conclude beyond a reasonable doubt that Davis was guilty of felony murder. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2. During the charge conference, Davis requested a special jury

instruction that self-defense is a valid justification to felony murder based on Heard v. State, 261 Ga. 262 (3) (403 SE2d 438) (1991). Davis complains that the trial judge erred when it declined to give the requested instruction, but rather gave the pattern instruction, which stated in part that self-defense is inapplicable when the accused "[i]s attempting to commit [or] is committing . . . a felony."

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See OCGA

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