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S12A0255. SANDERS v. THE STATE
State: Georgia
Court: Supreme Court
Docket No: S12A0255
Case Date: 02/27/2012
Preview:Final Copy 290 Ga. 637

S12A0255. SANDERS v. THE STATE. THOMPSON, Justice. Appellant Torrence Sanders was convicted of felony murder, armed robbery and other related offenses in connection with the vehicular death of Shirley Ann Akins and the armed robbery of Danny Rakestraw, Emmanuel Asamoah, and Raymond Carr.1 On appeal, Sanders claims, inter alia, that he was denied effective assistance of trial counsel. Finding no error, we affirm. Viewed in a light most favorable to the verdict, the evidence shows that Sanders and co-defendant Ntyono Pennie drove to an apartment complex in a

The crimes occurred on February 23, 2010. A Rockdale County grand jury returned an indictment charging Sanders and co-defendant Ntyono Pennie with felony murder while in the commission of armed robbery and aggravated assault; felony murder while fleeing and attempting to elude a police officer (Sanders only); armed robbery (three counts); aggravated assault (three counts); fleeing and attempting to elude a police officer; possession of a firearm during the commission of a crime; and obstruction of a law enforcement officer. Trial commenced on February 14, 2011, and on February 17, 2011, a jury found Sanders guilty as charged. He was sentenced on February 22, 2011 to life imprisonment without possibility of parole for felony murder, two concurrent terms of life imprisonment for armed robbery, five concurrent years for attempting to elude, five consecutive years for possession of a firearm, plus twelve concurrent months for obstruction. The remaining counts were merged and vacated under Malcolm v. State, 263 Ga. 369 (434 SE2d 479) (1993). Sanders filed a motion for new trial on March 9, 2011, which was amended on July 19, 2011, and denied on August 11, 2011. A notice of appeal was filed on August 18, 2011. The appeal was docketed to the January 2012 term of this Court and was submitted for a decision on briefs.

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Black Nissan Maxima and approached an acquaintance, Danny Rakestraw, who was in the parking lot. Pennie asked to go to Rakestraw's apartment, ostensibly to listen to music. Rakestraw agreed, and the three men entered the apartment. They were joined by Rakestraw's brother-in-law, Emmanuel Asamoah, and Rakestraw's roommate, Raymond Carr. Sanders and Pennie both produced guns which they then used to rob the three men of their valuables. Thereafter, Pennie instructed Sanders to drive the black Maxima to the entrance of the apartment building. Pennie shot Rakestraw in the wrist and then ran to the parking lot where he got into the vehicle being driven by Sanders. Police were notified, and an officer spotted a black Maxima at a standstill behind a truck at a red light a half-mile from the apartment complex. The officer, driving a marked sheriff's patrol car with blue lights activated, pulled in behind the Maxima. When the traffic light turned green and the truck advanced, the Maxima drove around the truck and sped off. The officer activated his siren and pursued the Maxima, which was traveling 70 mph in a 45 mph zone. The Maxima sped through a red light at an intersection where it collided with Akins' car, killing her. The two occupants of the Maxima exited the car and were pursued on foot by police. An officer tackled co-defendant Pennie, but Sanders
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escaped. Items taken in the armed robbery were found in Pennie's possession. The Maxima was registered to Pennie, and the weapon used to shoot Rakestraw was found in the car. Sanders' fingerprints were on the exterior driver's side of the vehicle, and his backpack, containing his birth certificate and personal mail, was found inside. Sanders was apprehended and taken into custody seven months later. 1. When construed most strongly in support of the verdict, the evidence was sufficient to enable a rational trier of fact to find Sanders 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). On appeal, Sanders argues that the State failed to meet its burden to prove his identity as a participant in the crime, an essential element of the State's case. Specifically, Sanders contends that pursuant to OCGA
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