                         I. Facts

       This case arises from the attempted robbery and shooting death of the victim, George
Labront Miller, which occurred on July 21, 2009. For these crimes a Montgomery County
grand jury indicted the Defendant for first degree felony murder and aggravated robbery.

       At a trial on these charges, the State presented the following evidence: George Miller,
the victim’s father, testified that his son was twenty-one years old at the time of his death.
Miller recalled that he last saw his son alive at a family reunion on July 4, 2009. The next
time he sawhis son was at the funeral home. Miller identified a photograph of his deceased
son.

        Brittaney Welch testified that in July 2009 she lived in a room at the A & W Motel.
The victim also resided at the A & W Motel in a room near Welch’s room. Welch recalled
that, on the night of July 21, 2009, she observed a black woman get out of a black Impala
with tinted windows and go up to the victim’s room with him. Another black woman drove
the Impala away. Later in the evening she heard what sounded like a fight coming from the
victim’s room. At around 11:00 p.m., Welch observed the Defendant and Dominick Hodges,
a co-defendant, run past her room and to an empty parking lot