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Final Copy 290 Ga. 883 S12A0193. SCOTT v. THE STATE. HINES, Justice. Nathaniel Scott appeals his convictions for malice murder and possession of a firearm during the commission of a felony in connection with the fatal shooting of Edward Nurse. He challenges his convictions on multiple grounds: that the evidence was insufficient to support the verdicts; that the prosecutor made improper statements in closing argument; that the trial court failed to cure the prejudice resulting from the prosecutor's improper statements; that a witness's immunity agreement was improperly sent to the jury during deliberations; that the trial court twice delivered improper Allen charges to the jury; that the trial court provided incomplete instructions regarding aggravated assault and the defense of alibi; that trial counsel rendered ineffective assistance; and that the trial court erred in denying his motion for new trial. For the reasons that follow, we find the challenges to be without merit, and we affirm.1

The crimes occurred on July 20, 2007. On December 21, 2007, a Fulton County grand jury indicted Scott for: Count 1 - the malice murder of Nurse; Count 2 - the felony murder of Nurse while in the commission of aggravated assault; Count 3 - the felony murder of Nurse while in possession of a firearm as a convicted felon; Count 4 - the aggravated assault with a deadly weapon of Nurse; Count 5 - the possession of a firearm during the commission of a felony; and Count 6 - the possession of a firearm by a convicted felon. Scott was tried before a

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The evidence, construed in favor of the verdicts, showed the following. On the morning of July 20, 2007, Nurse stopped at a gas station and convenience store on Martin Luther King, Jr. Drive in southwest Atlanta. Nathaniel Scott ("Scott") and his cousin Deonta Scott ("Deonta") were already at the location. Before Nurse could exit his vehicle, Scott shot him in the head through the passenger's side window. Officers arriving at the scene found Nurse fatally wounded in the car, the driver's side door open, and the car's right passenger window shattered. A .40 caliber shell casing was found at the scene. Surveillance video from the gas station recorded two persons of interest, one carrying what appeared to be a firearm in his hand, and their vehicle, a black Ford Taurus. Seeking assistance from the public in the investigation, the police released the footage to the local news on August 16, 2007, and it was aired as a "crime stoppers" report. Following the news report, the police were tipped off to information that

jury August 31-September 3, 2009, and was found guilty of Counts 1, 2, 4, and 5. He was sentenced to life in prison on Count 1, and a consecutive five years in prison on Count 5. Count 4 merged with Count 1 for the purpose of sentencing, and the verdict on Count 2 was vacated by operation of law. An order of dead docket was entered on Counts 3 and 6. A motion for new trial was filed by trial counsel on September 11, 2009, and on September 21, 2009, different counsel filed a motion for new trial, and then an amended motion for new trial on February 11, 2011. The motion for new trial, as amended, was denied on April 28, 2011. A notice of appeal was filed on May 31, 2011, the case was docketed in the January 2012 term of this Court, and the appeal was submitted for decision on the briefs. 2

led to the apprehension of Scott. In exchange for a grant of immunity, Deonta testified that, on the morning of the crimes, he had been with Scott at the gas station and that Scott had been driving the black Ford Taurus in question. A witness who knew Scott identified him from the surveillance footage. That same witness testified that he overheard Scott talking about how "he had killed someone on Martin Luther King," and that Scott regularly carried a .40 caliber handgun. Another witness testified that he had overheard Scott mention that he had shot someone at a gas station and that he and Deonta had fled from the scene in a black Ford Taurus. 1. Contrary to Scott's contention, the evidence was sufficient to enable a rational trier of fact to find Scott guilty beyond a reasonable doubt of the crimes for which he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2. Scott contends that the assistant district attorney made improper statements during closing argument. Specifically, he maintains that the prosecutor inappropriately: expressed personal opinions regarding the credibility of several witnesses and Scott's guilt; implied that Scott posed a future danger to society if acquitted; commented on facts not in evidence; and appealed to the

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sympathies and biases of the jurors. However, at trial the defense did not object to the now challenged comments by the prosecutor. In the appeal of a non-capital case, "the defendant's failure to object to the State's closing argument waives his right to rely on the alleged impropriety of that argument as a basis for reversal." Fulton v. State, 278 Ga. 58, 62 (7) (597 SE2d 396) (2004), quoting Mullins v. State, 270 Ga. 450 (2) (511 SE2d 165) (1999). Nevertheless, Scott now urges that, regardless of whether an objection was made at trial, he is entitled to consideration of the merits of his complaints because of this Court's recent ruling in State v. Kelly, 290 Ga. 29 (718 SE2d 232) (2011). But, Kelly is inapposite as it stands for the proposition that OCGA

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