Hicks v. State, 695 S.E.2d 195 (Ga. 2010). · Go Syfert
Hicks v. State, 695 S.E.2d 195 (Ga. 2010). Cases Citing This Book View Copy Cite
137 citation events (137 in the last 25 years) across 2 distinct courts.
Strongest positive: BUDHANI v. the STATE. (gactapp, 2018-03-07)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (quoted) BUDHANI v. the STATE.
Ga. Ct. App. · 2018 · quote attribution · 1 verbatim quote · confidence low
with a legal affirmative defense, the accused admits the elements of the crime, but seeks to justify, excuse, or mitigate by showing no criminal intent; all elements of the parts of the crime are admitted with the exception of the intent
discussed Cited as authority (quoted) Walker v. State (2×) also: Cited "see"
Ga. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is not error to refuse a justification charge where there is no evidence to support it.
discussed Cited as authority (quoted) Walker v. State (2×) also: Cited "see"
Ga. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is not error to refuse a justification charge where there is no evidence to support it.
discussed Cited as authority (quoted) Smith v. State (2×) also: Cited "see"
Ga. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
to authorize a requested jury instruction, there need only be slight evidence supporting the theory of the charge
discussed Cited as authority (quoted) Smith v. State (2×) also: Cited "see"
Ga. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
to authorize a requested jury instruction, there need only be slight evidence supporting the theory of the charge
discussed Cited as authority (quoted) Fisher v. State (2×) also: Cited "see"
Ga. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
to authorize a requested jury instruction, there need only be slight evidence supporting the theory of the charge.
discussed Cited as authority (quoted) John Adcock v. State (2×) also: Cited "see"
Ga. Ct. App. · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high
because no construction of the evidence would support a finding that appellant shot in self-defense, the trial court properly refused to charge on that issue.
discussed Cited as authority (quoted) Adcock v. State (2×) also: Cited "see"
Ga. Ct. App. · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high
because no construction of the evidence would support a finding that appellant shot in self-defense, the trial court properly refused to charge on that issue.
discussed Cited as authority (rule) Budhani v. State
Ga. · 2019 · confidence medium
Although we have before said that, generally speaking, an affirmative defense admits the doing of the act charged, “but seeks to justify, excuse, or mitigate it by showing no criminal intent,” Hicks v. State, 287 Ga. 260, 261-262 ( 695 SE2d 195 ) (2010), we have also said that “the definition of ‘affirmative defenses’ cannot be limited to those which preclude criminal intent, by relying on authority which deals only with those affirmative defenses which are specifically identified as such and listed in OCGA §§ 16-3-20 through 16-3-28.” Adams v. State, 288 Ga. 695, 697 ( 707 SE2d …
discussed Cited as authority (rule) Wainwright v. State
Ga. · 2019 · confidence medium
We start by recognizing that “[t]o authorize a requested jury instruction, there need only be slight evidence supporting the theory of the charge,” Hicks v. State, 287 Ga. 260, 262 ( 695 SE2d 195 ) (2010), and address each contention under that standard. (a) As to accident, Wainwright argues that the testimony of one of Sanusi’s friends supported a jury charge on accident.
discussed Cited as authority (rule) Carlos Richard McClure v. State
Ga. Ct. App. · 2018 · confidence medium
Hicks v. State, 287 Ga. 260, 262 (2) ( 695 SE2d 195 ) (2010) (citing that rule in case where charge on justification was unwarranted because there was no evidence that defendant had acted in self defense).
cited Cited as authority (rule) Green v. State
Ga. · 2018 · confidence medium
It is not error to refuse a justification charge where there is no evidence to support it.” (Citations and punctuation omitted.) Hicks v. State, 287 Ga. 260, 262 (2) ( 695 SE2d 195 ) (2010).
cited Cited as authority (rule) Green v. State
Ga. · 2018 · confidence medium
It is not error to refuse a justification charge where there is no evidence to support it.” (Citations and punctuation omitted.) Hicks v. State, 287 Ga. 260, 262 (2) ( 695 SE2d 195 ) (2010).
cited Cited as authority (rule) Morris v. State
Ga. · 2017 · confidence medium
“To authorize a requested jury instruction, there need only be slight evidence supporting the theory of the charge.” Hicks v. State, 287 Ga. 260, 262 ( 695 SE2d 195 ) (2010).
cited Cited as authority (rule) Morris v. State
Ga. · 2017 · confidence medium
“To authorize a requested jury instruction, there need only be slight evidence supporting the theory of the charge.” Hicks v. State, 287 Ga. 260, 262 ( 695 SE2d 195 ) (2010).
discussed Cited as authority (rule) Cooper v. the State (2×)
Ga. Ct. App. · 2017 · confidence medium
“To authorize a requested jury instruction, there need only be slight evidence supporting the theory of the charge.” Hicks v. State, 287 Ga. 260, 262 (2) ( 695 SE2d 195 ) (2010); accord Scott v. State, 291 Ga. 156, 157-158 (2) ( 728 SE2d 238 ) (2012); Webb v. State, 284 Ga. 122, 126 (4) ( 663 SE2d 690 ) (2008).
discussed Cited as authority (rule) Reddick v. State
Ga. · 2017 · confidence medium
Whether the evidence presented is sufficient to authorize the giving of a charge is a question of law.” (Citations and punctuation omitted.) Hicks v. State, 287 Ga. 260, 262 (2) ( 695 SE2d 195 ) (2010).
discussed Cited as authority (rule) Reddick v. State
Ga. · 2017 · confidence medium
Whether the evidence presented is sufficient to authorize the giving of a charge is a question of law.” (Citations and punctuation omitted.) Hicks v. State, 287 Ga. 260, 262 (2) ( 695 SE2d 195 ) (2010). 1 The crime occurred on December 28, 2011.
discussed Cited as authority (rule) Hornbuckle v. State
Ga. · 2017 · confidence medium
Hornbuckle contends that “no evidence was introduced to prove Hornbuckle ‘deliberately sought out Raburn to avenge a past wrong,’” but “[t]o authorize a requested jury instruction, there need only be slight evidence supporting the theory of the charge. [Cit.]” Hicks v. State, 287 Ga. 260, 262 ( 695 SE2d 195 ) (2010).
discussed Cited as authority (rule) Hornbuckle v. State
Ga. · 2017 · confidence medium
Hornbuckle contends that “no evidence was introduced to prove Hornbuckle ‘deliberately sought out Raburn to avenge a past wrong,’ ” but “[t]o authorize a requested jury instruction, there need only be slight evidence supporting the theory of the charge. [Cit.]” Hicks v. State, 287 Ga. 260, 262 ( 695 SE2d 195 ) (2010).
discussed Cited as authority (rule) Pippen v. State
Ga. · 2016 · confidence medium
Though only “slight evidence” is required to support a jury charge, see Hicks v. State, 287 Ga. 260, 262 (2) ( 695 SE2d 195 ) (2010), here there was only evidence that Pippen was acting under the direction of the personal care home owner, Vernon Jackson, who is not a doctor.
discussed Cited as authority (rule) Boccia v. the State (2×)
Ga. Ct. App. · 2016 · confidence medium
(Citation and punctuation omitted; emphasis supplied.) Hicks v. State, 287 Ga. 260, 261-262 (2) ( 695 SE2d 195 ) (2010).
cited Cited as authority (rule) Thomas v. State
Ga. · 2015 · confidence medium
“To authorize a requested jury instruction, there need only be slight evidence supporting the theory of the charge.” Hicks v. State, 287 Ga. 260, 262 (2) ( 695 SE2d 195 ) (2010).
discussed Cited as authority (rule) Palmer v. the State
Ga. Ct. App. · 2015 · confidence medium
It does not appear, however, that the trial court excluded the photograph for lack of a proper foundation. 10 “If the offense of battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household, then such offense shall constitute the offense of family violence batteryf.]” OCGA § 16-5-23.1 (f). 11 “Under the new Evidence Code, which applies to trials beginning on or after January 1, 2013, the admissibility…
discussed Cited as authority (rule) Hamm v. State (2×) also: Cited "see"
Ga. · 2014 · confidence medium
“To authorize a requested jury instruction, there need only be slight evidence supporting the theory of the charge.” Hicks v. State, 287 Ga. 260, 262 (2) ( 695 SE2d 195 ) (2010); accord Scott v. State, 291 Ga. 156 (2) ( 728 SE2d 238 ) (2012); Webb v. State, 284 Ga. 122 (4) ( 663 SE2d 690 ) (2008).
discussed Cited as authority (rule) Flournoy v. State
Ga. · 2014 · confidence medium
The facts of this case, however, are more closely analogous to those in Hicks v. State, 287 Ga. 260 ( 695 SE2d 195 ) (2010), in that there is no evidence that Williams and Flournoy were related or had the type of relationship “that would explain an impassioned attack by [Williams].” Id. at 263 (3) (no evidence to show the appellant acted out of sudden, violent, and irresistible passion when the alleged provocation was the victim’s altercation with an unrelated third party).
discussed Cited as authority (rule) Ransom v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2012 · confidence medium
(Citations and punctuation omitted; emphasis supplied.) Hicks v. State, 287 Ga. 260, 261-262 (2) ( 695 SE2d 195 ) (2010).
discussed Cited as authority (rule) Timothy Ransom v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2012 · confidence medium
(Citations and punctuation omitted; emphasis supplied.) Hicks v. State, 287 Ga. 260, 261-262 (2) ( 695 SE2d 195 ) (2010).
discussed Cited as authority (rule) Edwards v. State
Ga. Ct. App. · 2011 · confidence medium
See generally Humphreys v. State, 287 Ga. 63, 70 (4) ( 694 SE2d 316 ) (2010). 7 OCGA § 17-8-58 (h); see Collier v. State, 288 Ga. 756, 758 (4) ( 707 SE2d 102 ) (2011); Hicks v. State, 287 Ga. 260, 264 (4) ( 695 SE2d 195 ) (2010). 8 See Ward v. State, 271 Ga. 62, 64 (2) ( 515 SE2d 392 ) (1999). 9 See Hammonds v. State, 263 Ga. App. 5, 7 (2) ( 587 SE2d 161 ) (2003) (finding no reversible error where instructions read as a whole sufficiently limited jury’s consideration to elements of offenses as charged in indictment such that no reasonable possibility exists that jury could have convicted de…
discussed Cited as authority (rule) Collier v. State
Ga. · 2011 · confidence medium
See Crawford v. State, 288 Ga. 425, 428 (3) (a) ( 704 SE2d 772 ) (2011) (“Appellant’s contentions that the trial court erred by failing to instruct the jury on Miranda and the defense of accident are waived for lack of a timely request or proper objection and there is no plain error.”); Lacey v. State, 288 Ga. 341 ( 703 SE2d 617 ) (2010) (“Accordingly, under OCGA § 17-8-58 (b), Lacey ‘waived his right to urge error (in the jury charge) on appeal,’ [citing Metz], absent ‘plain error,’ which does not appear here.”); Higginbotham v. State, 287 Ga. 187, 189 ( 695 SE2d 210 ) (201…
discussed Cited as authority (rule) Adams v. State (2×)
Ga. · 2011 · confidence medium
Hicks v. State, 287 Ga. 260, 261-262 (2), 695 S.E.2d 195 (2010); Brower v. State, 298 Ga.App. 699, 702 (1), 680 S.E.2d 859 (2009) (quoted in Hicks ).
discussed Cited "see" McClure v. State (2×)
Ga. · 2019 · signal: see · confidence high
See Hicks v. State, 287 Ga. 260, 262 (2) ( 695 SE2d 195 ) (2010) (“[A]ffirmative defenses require[ ] that the defendant admit the crime before he can raise such defense.” (citation and punctuation omitted)); Handy v. State, 350 Ga. App. 490 , 493 (3) ( 829 SE2d 635 ) (2019); Danley v. State, 342 Ga. App. 61, 67 (5) ( 802 SE2d 851 ) (2017); Lopez v. State, 332 Ga. App. 763, 766 (2) ( 774 SE2d 802 ) (2015); Pierre v. State, 330 Ga. App. 782, 785 (2) n.13 ( 769 SE2d 533 ) (2015); Coats v. State, 303 Ga. App. 818, 823 (3) ( 695 SE2d 285 ) (2010); Martin v. State, 300 Ga. App. 419, 421 (4) ( 68…
discussed Cited "see" Leeks v. State (2×)
Ga. · 2018 · signal: see · confidence high
See Hicks v. State, 287 Ga. 260, 264 (4) ( 695 SE2d 195 ) (2010) (no plain error in level of certainty charge where the evidence included identification witnesses acquainted with the defendant, and the trial court instructed the jury on the State’s burden of proving the identity of the perpetrator beyond a reasonable doubt); Woodruff v. State, 281 Ga. 235, 235-236 (2) ( 637 SE2d 391 ) (2006) (Brodes error harmless where 9 eyewitness knew the defendant and viewed his crimes in daylight, there was significant corroborating evidence including other witnesses, and the trial court instructed the …
discussed Cited "see" Leeks v. State (2×)
Ga. · 2018 · signal: see · confidence high
See Hicks v. State , 287 Ga. 260 , 264 (4), 695 S.E.2d 195 (2010) (no plain error in level of certainty charge where the evidence included identification witnesses acquainted with the defendant, and the trial court instructed the jury on the State's burden of proving the identity of the perpetrator beyond a reasonable doubt); Woodruff v. State , 281 Ga. 235 , 235-236 (2), 637 S.E.2d 391 (2006) ( Brodes error harmless where eyewitness knew the defendant and viewed his crimes in daylight, there was significant corroborating evidence including other witnesses, and the trial court instructed the j…
discussed Cited "see" Cotton v. State (2×)
Ga. · 2015 · signal: see · confidence high
See Hicks v. State, 287 Ga. 260, 262 (2) ( 695 SE2d 195 ) (2010).
discussed Cited "see" Cotton v. State (2×)
Ga. · 2015 · signal: see · confidence high
See Hicks v. State, 287 Ga. 260, 262 (2) ( 695 SE2d 195 ) (2010).
discussed Cited "see" Moore v. State (2×)
Ga. · 2014 · signal: see · confidence high
See Hicks v. State, 287 Ga. 260 (3) ( 695 SE2d 195 ) (2010) (no voluntary manslaughter charge required where the defendant assaulted the victim with a deadly weapon and then fired fatal shots into his back as he attempted to flee).
discussed Cited "see" Crawford v. State (2×)
Ga. · 2014 · signal: see · confidence high
See Hicks v. State, 287 Ga. 260 (2) ( 695 SE2d 195 ) (2010) (jury charge warranted if slight evidence supports it).
discussed Cited "see" ROUEN v. State (2×)
Ga. Ct. App. · 2011 · signal: see · confidence high
See Lacey v. State, 288 Ga. 341, 343 (2) ( 703 SE2d 617 ) (2010). 12 See Hicks v. State, 287 Ga. 260, 264 (4) ( 695 SE2d 195 ) (2010) (no plain error where highly probable that challenged jury charge did not contribute to verdict).
examined Cited "see" Cawthon v. State (8×)
Ga. · 2011 · signal: see · confidence high
See Hicks v. State, 287 Ga. 260, 264 (4) ( 695 SE2d 195 ) (2010).
discussed Cited "see" Reese v. State (2×)
Ga. · 2011 · signal: see · confidence high
See Hicks v. State, 287 Ga. 260 (2) ( 695 SE2d 195 ) (2010). 3.
examined Cited "see" Colzie v. State (4×)
Ga. · 2011 · signal: see · confidence high
See Hicks v. State, 287 Ga. 260, 264 (4), 695 S.E.2d 195 (2010); Conway v. State, 281 Ga. 685, 689 (2), 642 S.E.2d 673 (2007).
discussed Cited "see" Hines v. State (2×)
Ga. Ct. App. · 2011 · signal: accord · confidence high
Accord Page v. State, 296 Ga. App. 431, 433-434 (1) (a) ( 674 SE2d 654 ) (2009). 11 OCGA § 16-3-20 provides that “[t]he fact that a person’s conduct is justified is a defense to prosecution for any crime based on that conduct.” The defense of justification can be claimed when a person’s conduct is justified under (among other Code sections) OCGA § *302 16-3-26, which sets forth the defense of coercion. 12 Hicks v. State, 287 Ga. 260, 264 (4) ( 695 SE2d 195 ) (2010). 13 (Footnote omitted.) Thomas v. State, 285 Ga. App. 290, 292 (1) ( 645 SE2d 713 ) (2007).
discussed Cited "see, e.g." Morton v. State (2×)
Ga. · 2019 · signal: see also · confidence low
See also Hicks v. State , 287 Ga. 260 , 262 (2), 695 S.E.2d 195 (2010) ("To authorize a requested jury instruction, there need only be slight evidence supporting the theory of the charge." (Citation omitted.)).
discussed Cited "see, e.g." Morton v. State (2×)
Ga. · 2019 · signal: see also · confidence medium
See also Hicks v. State, 287 Ga. 260, 262 (2) ( 695 SE2d 195 ) (2010) (“To authorize a requested jury instruction, there need only be slight evidence supporting the theory of the charge.” (Citation omitted.)).
discussed Cited "see, e.g." Garner v. State (2×)
Ga. · 2018 · signal: see also · confidence medium
See id.; see also, e.g., Hicks v. State, 287 Ga. 260, 262-263 (2) ( 695 SE2d 195 ) (2010) (court properly refused to give self-defense instruction where “no construction of the evidence would support a finding” that defendant shot victim in defense of another) (citation and punctuation omitted).
discussed Cited "see, e.g." Garner v. State (2×)
Ga. · 2018 · signal: see also · confidence low
See id. ; see also, e.g., Hicks v. State , 287 Ga. 260 , 262-263 (2), 695 S.E.2d 195 (2010) (court properly refused to give self-defense instruction where "no construction of the evidence would support a finding" that defendant shot victim in defense of another).
discussed Cited "see, e.g." Carlson v. the State (2×)
Ga. Ct. App. · 2014 · signal: see also · confidence medium
See also Hicks v. State, 287 Ga. 260, 264 (4) ( 695 SE2d 195 ) (2010) (no plain error where highly probable that challenged jury charge did not contribute to verdict); Rouen v. State, 312 Ga. App. 8, 10 (2) ( 717 SE2d 519 ) (2011) (in light of overwhelming evidence, highly probable that the absence of an instruction on accident did not contribute to the verdict).
discussed Cited "see, e.g." Lewis v. State (2×)
Ga. · 2012 · signal: see also · confidence medium
See also Hicks v. State, 287 Ga. 260, 264 (4) ( 695 SE2d 195 ) (2010); Rabie v. State, 286 Ga. App. 684, 687 (2) ( 649 SE2d 868 ) (2007). 5.
discussed Cited "see, e.g." Funes v. State (2×)
Ga. · 2011 · signal: see, e.g. · confidence medium
See, e.g., Hicks v. State, 287 Ga. 260, 263-264 ( 695 SE2d 195 ) (2010); White v. State, 287 Ga. 208, 210 ( 695 SE2d 222 ) (2010); Nichols, 275 Ga. at 246-247 .
Retrieving the full opinion text from the archive…
Hicks
v.
the State
S10A0177.
Supreme Court of Georgia.
Apr 19, 2010.
695 S.E.2d 195
Sheueli C. Wang, for appellant., Paul L. Howard, Jr., District Attorney, Bettieanne C. Hart, John O. Williams, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Reggie A. Lampkin, Assistant Attorney General, for appellee.
Thompson.
Cited by 63 opinions  |  Published
5 passages pin-cited by 8 cases
Pinpoint authority: #11,272 of 633,719
Citer courts: Supreme Court of Georgia (5) · Court of Appeals of Georgia (3)
Thompson, Justice.

Appellant Deanthony Rashawn Hicks was convicted of malice murder and possession of a firearm during the commission of a felony in connection with the fatal shooting of Michael Howard. [1] He appeals from the denial of his motion for new trial, asserting that the evidence was insufficient to sustain his murder conviction, and that the trial court erred in refusing his requests to instruct the jury on justification by use of force in defense of others and voluntary manslaughter. For the reasons that follow, we affirm.

Viewed in a light most favorable to the verdict, the evidence shows that a group of friends had congregated at a cul-de-sac in a residential subdivision when, following an argument between the victim and Tierra Vinson, appellant appeared from a corner of the street wielding a pistol. He approached the victim pointing the pistol in his face. The unarmed victim swatted at the firearm and then attempted to run away. As the victim turned and ran, appellant shot[*261] him three times in the back, killing him. Appellant left the scene along with co-defendant Soupaisith Ratana in Ratana’s vehicle.

Eyewitness Quatavius Berry could not identify appellant in a photographic lineup, but he did identify him as the shooter at trial. Witnesses Jamilah Hamilton and appellant’s former girlfriend, Keosha Cox, were present at the time of the shooting and identified appellant from a photographic lineup. Both Hamilton and Cox told police that appellant was running behind the victim at the time of the shooting, and Cox said he was responsible for the murder. At trial, however, both witnesses recanted their previous statements: Hamilton denied seeing appellant run after the victim and Cox claimed that she was intoxicated at the time.

1. Appellant contends that the evidence was insufficient to support the murder conviction because Berry’s identification of him as the shooter was not credible, and the only other evidence implicating him consisted of the recanted statements of Cox and Hamilton.

While Berry failed to identify appellant from a photographic lineup, he testified at trial that appellant was responsible for the shooting. In addition to witness testimony implicating appellant, police found bullets of the same caliber used to shoot the victim in co-defendant Ratana’s vehicle soon after the shooting. The jury was also shown transcripts and video recordings of statements given to the police by both Cox and Hamilton, in which they implicated appellant. This evidence was ample for any rational trier of fact to find appellant 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). “[Appellant’s] contention that the evidence was conflicting and that the witnesses who testified for the state were not credible does not change this result, as ‘resolving evidence conflicts and inconsistencies, and assessing witness credibility, are the province of the factfinder, not this Court.’ ” Major v. State, 280 Ga. 746, 747 (632 SE2d 661) (2006).

2. Appellant asserts as error the trial court’s refusal to give his requested jury instruction on justification by use of force in defense of others.

Under OCGA § 16-3-21 (a), “a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.” This is an affirmative defense.

With a legal affirmative defense, the accused admits the elements of the crime, but seeks to justify, excuse, or[*262] mitigate by showing no criminal intent; all elements of the parts of the crime are admitted with the exception of the intent. All defenses which have been held to be statutory affirmative defenses meet this criteria; i.e., justification, self-defense or defense of others. . . . Each of these affirmative defenses requires that the defendant admit the crime before he can raise such defense.

Brower v. State, 298 Ga. App. 699, 702 (1) (680 SE2d 859) (2009). See also Broussard v. State, 276 Ga. 216 (2) (576 SE2d 883) (2003) (“^Justification is an affirmative defense whereby the defendant admits acting with the intent to inflict an injury, but claims that he did so while in reasonable fear of suffering immediate serious harm to himself or another”); Brown v. State, 267 Ga. 350 (2) (478 SE2d 129) (1996) (££ £[a]n affirmative defense is a defense that admits the doing of the act charged but seeks to justify, excuse, or mitigate it’ ”); Lightning v. State, 297 Ga. App. 54 (5) (676 SE2d 780) (2009) (a defendant must admit the act or he is not entitled to a charge on justification).

During opening statement and in closing argument, appellant’s counsel proffered the sole theory of the defense — that some other, unidentified person in the group at the cul-de-sac was the shooter and that appellant was the “convenient fall guy” who was wrongfully charged. The defense presented no evidence. Appellant asserts that his requested charge was authorized because the evidence established that the victim and Vinson had been arguing and it could be inferred that appellant intervened in Vinson’s defense.

To authorize a requested jury instruction, there need only be slight evidence supporting the theory of the charge. Davis v. State, 269 Ga. 276 (3) (496 SE2d 699) (1998). “Whether the evidence presented is sufficient to authorize the giving of a charge is a question of law.” Id. It is not error to refuse a justification charge where there is no evidence to support it. Alexis v. State, 273 Ga. 423 (4) (541 SE2d 636) (2001). Appellant points to no evidence that he entered the fracas in defense of Vinson. In addition, the undisputed evidence established that the unarmed victim was shot three times in the back as he was attempting to flee after appellant assaulted him with a firearm. We therefore conclude that appellant “could not have been in imminent fear at the time he committed the acts for which he was being tried.” Broussard, supra at 217. Because “no construction of the evidence would support a finding that [appellant] shot in self-defense, the trial court properly refused to charge on that issue.” Id. Compare Williams v. State, 209 Ga. App. 355 (1) (433 SE2d 361) (1993) (where defendant offered conflicting alternative evidence — first admitting to being involved in the altercation, and then denying[*263] that she committed the crime — it was error to refuse to give a charge on justification).

3. Appellant also contends that the trial court erred in refusing to give his requested jury instruction on voluntary manslaughter as a lesser included crime of malice murder.

“Voluntary manslaughter is not a defense to murder, but it may be a lesser included offense of that crime.” Sparks v. State, 277 Ga. 72, 73 (2) (586 SE2d 645) (2003).

A person commits the offense of voluntary manslaughter when he causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person.. ..

OCGA § 16-5-2 (a); see also Brennon v. State, 253 Ga. 240, 241 (319 SE2d 841) (1984). Again appellant argues that the altercation between the victim and Vinson provided the “serious provocation” which caused appellant to act with “sudden, violent, and irresistible passion.” But “[voluntary manslaughter presupposes an intentional killing, which was completely inconsistent with [appellant’s] own version of the events.” Sparks, supra at 74 (3). Even assuming that we ignore the fact that appellant maintained his noninvolvement in the crimes, we hold that a charge on voluntary manslaughter is precluded by the evidence. As noted previously, appellant assaulted the victim with a deadly weapon and then fired the fatal shots into his back as he attempted to flee.

[F]ighting prior to a homicide “does not constitute the type of provocation that would warrant a charge of voluntary manslaughter.” [Cit.] There being no evidence to illustrate the existence of provocation before the fatal shot[s] [were] fired, the trial court did not err by refusing to charge the jury on voluntary manslaughter.

Nichols v. State, 275 Ga. 246 (2) (563 SE2d 121) (2002). In addition, there is no evidence that appellant and Vinson had any type of relationship that would explain an impassioned attack by appellant. In fact, no one else in the cul-de-sac was particularly interested or surprised by the altercation between Vinson and the victim, which onlookers claimed was fairly routine. There is thus no evidence to show that appellant acted out of sudden, violent, and irresistible passion resulting from serious provocation. See Worthem v. State, 270 Ga. 469 (2) (509 SE2d 922) (1999) (where defendant initiated the[*264] conflict by aggressively assaulting the victim with a deadly weapon, and other evidence does not show defendant acted out of sudden, violent and irresistible passion, a charge on voluntary manslaughter was properly refused). The trial court did not err in refusing to instruct the jury on voluntary manslaughter.

Decided April 19, 2010 Reconsideration denied June 7, 2010. Sheueli C. Wang, for appellant. Paul L. Howard, Jr., District Attorney, Bettieanne C. Hart, John O. Williams, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Reggie A. Lampkin, Assistant Attorney General, for appellee.

4. Finally, appellant contends that the trial court erred in instructing the jury that the “level of certainty shown by the witness” may be a factor in assessing the reliability of that witness’ identification. However, in order to preserve the issue for appeal in this post-July 1, 2007 trial, appellant was required to “inform the court of the specific objection and the grounds for such objection before the jury retires to deliberate.” OCGA § 17-8-58 (a) (amended in 2007). Failure to do so “precluded] appellate review of such portion of the jury charge, unless such portion of the jury charge constitutes plain error which affects substantial rights of the parties.” OCGA § 17-8-58 (b). Our review of the record reveals that appellant failed to lodge a specific objection to the charge and assert the grounds for his objection. Accordingly, this claim was waived for purposes of appellate review. And where it is “highly probable that the jury charge on level of certainty’ did not contribute to the verdict[ ],” Sampson v. State, 282 Ga. 82, 85 (5) (646 SE2d 60) (2007), the plain error exception does not apply. As in Sampson, there were identification witnesses in this case who were acquainted with appellant; in addition, the trial court instructed the jury on the State’s burden of proving the identity of the perpetrator beyond a reasonable doubt. We thus find it highly probable that the charge in this case did not contribute to the verdict. Id.

Judgment affirmed.

All the Justices concur.
1

The crimes were committed on September 10, 2006. Appellant was indicted by a Fulton County grand jury on December 22, 2006, on charges of malice murder, felony murder while in the commission of an aggravated assault, three counts of aggravated assault, and possession of a firearm during the commission of a felony. Trial commenced on October 8, 2007, and on October 12, 2007, a jury found appellant guilty of the charges, except for two counts of aggravated assault against Quatavius Berry. He was sentenced on October 23, 2009, to life in prison plus a consecutive five-year term of imprisonment on the firearm possession offense. The remaining counts were merged or vacated by operation of law. See Malcolm v. State, 263 Ga. 369 (5) (434 SE2d 479) (1993). Appellant filed a motion for new trial on October 18, 2007, which was amended on May 1, 2009 and again on July 7, 2009. The amended motion for new trial was denied on July 9, 2009. Appellant filed his notice of appeal on July 28, 2009. The case was docketed in this Court on October 6, 2009 and submitted for decision on the briefs.