Avila v. State
Annotate this CaseDefendant appealed from his convictions for malice murder and possession of a firearm during the commission of a crime. At issue was whether the evidence was insufficient and whether the trial court erred in admitting similar transaction evidence. The court held that the evidence presented at trial was sufficient to authorize a rational jury to reject defendant's claim of self-defense and to find him guilty beyond a reasonable doubt of the crimes for which he was convicted. The court also held that the trial court gave a proper limiting instruction regarding the jury's use of the evidence where both shootings occurred in a vehicle and involved the same gun, which defendant took from his roommate without permission and hid from the police after each shooting, and where, on both occasions, defendant gave false statements to the police. Therefore, the admission of the similar transaction was clearly not an abuse of discretion. Accordingly, the judgment was affirmed.
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