Burgess v. State, 742 S.E.2d 464 (Ga. 2013). · Go Syfert
Burgess v. State, 742 S.E.2d 464 (Ga. 2013). Cases Citing This Book View Copy Cite
103 citation events (103 in the last 25 years) across 5 distinct courts.
Strongest positive: In the Interest of A.A., a Child (gactapp, 2022-01-31)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 37 distinct citers.
discussed Cited as authority (quoted) In the Interest of A.A., a Child (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2022 · quote attribution · 1 verbatim quote · confidence low
he admission of evidence is reviewed for an abuse of discretion.
discussed Cited as authority (quoted) Johannes Lopez v. State (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2019 · quote attribution · 1 verbatim quote · confidence low
a witness need not be formally educated in the field at issue to be qualified as an expert.
discussed Cited as authority (quoted) Lopez v. State
Ga. Ct. App. · 2019 · quote attribution · 1 verbatim quote · confidence low
a witness need not be formally educated in the field at issue to be qualified as an expert.
examined Cited as authority (quoted) Smith v. the State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2017 · signal: see also · quote attribution · 1 verbatim quote · confidence low
a witness need not be formally educated in the field at issue to be qualified as an expert.
examined Cited as authority (quoted) David Pepe-Frazier v. State (4×) also: Cited as authority (rule), Cited "see, e.g."
Ga. Ct. App. · 2015 · signal: see also · quote attribution · 1 verbatim quote · confidence low
a witness need not be formally educated in the field at issue to be qualified as an expert.
examined Cited as authority (quoted) Pepe-Frazier v. State (4×) also: Cited "see", Cited "see, e.g."
Ga. Ct. App. · 2015 · signal: see also · quote attribution · 1 verbatim quote · confidence low
a witness need not be formally educated in the field at issue to be qualified as an expert.
discussed Cited as authority (quoted) Darius Dionne Oliver v. State (2×) also: Cited "see"
Ga. Ct. App. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
on appeal, the admission of evidence is reviewed for an abuse of discretion.
discussed Cited as authority (quoted) Oliver v. State (2×) also: Cited "see"
Ga. Ct. App. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
on appeal, the admission of evidence is reviewed for an abuse of discretion.
discussed Cited as authority (rule) Robert Jordan Mahogany v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2023 · confidence medium
O.’s experience, his extensive training regarding gangs, and “his familiarity with their culture and symbols,” we cannot say that the trial court abused its discretion by qualifying him as a gang expert.19 “Any perceived weaknesses in his 18 (Citations and punctuation omitted.) Burgess v. State, 292 Ga. 821, 822 (2) ( 742 SE2d 464 ) (2013). 19 Lopez v State, 350 Ga. App. 662 , 664 (1) ( 829 SE2d 862 ) (2019).
discussed Cited as authority (rule) Christopher Intemann v. State
Ga. Ct. App. · 2021 · confidence medium
See Blackledge v. State, 299 Ga. 385, 391 (4) ( 788 SE2d 353 ) (2016) (holding that 15 printouts of posts from users’ MySpace pages were properly authenticated where officer testified that he used known identifying information about the users to locate their pages, that the printouts were an accurate representation of what was posted on those pages, and that the photographs posted on the pages depicted the users); Cotton v. State, 297 Ga. 257, 259-260 (3) ( 773 SE2d 242 ) (2015) (holding that messages from Facebook account were properly authenticated by witness who knew the defendant’s nic…
discussed Cited as authority (rule) NICHOLSON v. THE STATE (Two Cases)
Ga. · 2019 · confidence medium
See Cotton, 297 Ga. at 259-260 (holding that a Facebook account was properly authenticated by a witness who knew the defendant’s nickname that was associated with the account and recognized that the defendant’s friends and family were listed in the friend’s list of the account); Burgess v. State, 292 Ga. 821, 823-824 ( 742 SE2d 464 ) (2013) (holding that a MySpace account was properly authenticated by an investigator who testified that the defendant’s nickname was associated with the account and identified the 24 defendant’s biographical information on the account);7 Glispie v. State…
cited Cited as authority (rule) Burgess v. Hall
Ga. · 2019 · confidence medium
Burgess , 292 Ga. at 822 (1), 742 S.E.2d 464 .
examined Cited as authority (rule) Burgess v. Hall (3×)
Ga. · 2019 · confidence medium
Burgess, 292 Ga. at 822 (1).
discussed Cited as authority (rule) JOHNSON v. the STATE.
Ga. Ct. App. · 2019 · confidence medium
See Gunn v. State , 342 Ga. App. 615 , 623 (3), 804 S.E.2d 118 (2017) (holding that the defendant abandoned his claims on appeal when he did not support them with meaningful argument or citation of authority). 26 See Hawkins , 304 Ga. at 304 (4) (a), 818 S.E.2d 513 (holding that threatening Facebook messages sent to a witness were properly authenticated as being sent by the defendant when, inter alia , the recipient testified that he recognized a photo of the defendant associated with the user's account, he was familiar with the defendant's Facebook page before he received the messages, and th…
cited Cited as authority (rule) State v. Smith
Ga. · 2016 · confidence medium
“On appeal, the admission of evidence is reviewed for an abuse of discretion.” Burgess v. State, 292 Ga. 821, 823 (4) ( 742 SE2d 464 ) (2013).
discussed Cited as authority (rule) United States v. Tony Browne
3rd Cir. · 2016 · confidence medium
App. 2012) (describing the legal consensus as to the applicability of traditional evidentiary rules to electronic communications and identifying the many forms of circumstantial evidence that have been used to authenticate email printouts, internet chat room conversations, and cellular text messages); see also Parker v. State, 85 A.3d 682, 687 (Del. 2014) (analyzing state evidentiary rules and concluding that ‘“[although we are mindful of the concern that social media evidence could be falsified, the existing [rules] provide an appropriate framework for determining admissibility.”); Burg…
discussed Cited as authority (rule) Blackledge v. State (2×) also: Cited "see"
Ga. · 2016 · confidence medium
Blackledge says that this documentary evidence was not properly authenticated, but we already have held that “[djocuments from electronic sources such as the printouts from a website like MySpace are subject to the same rules of authentication as other more traditional documentary evidence and may be authenticated through *391 circumstantial evidence.” Burgess v. State, 292 Ga. 821, 823 (4) ( 742 SE2d 464 ) (2013) (citations omitted).
discussed Cited as authority (rule) Hayes v. State
Ga. · 2016 · confidence medium
See Taylor v. State, 331 Ga. App. 577, 582 (2) (c) ( 771 SE2d 224 ) (2015). 4 Expert testimony by a qualified law enforcement officer regarding gang activity and culture is admissible and relevant to establish that a certain named organization is in fact a “criminal street gang.” See Morris v. State, 294 Ga. 45, 49 (3) ( 751 SE2d 74 ) (2013); Burgess v. State, 292 Ga. 821, 822-823 (2) ( 742 SE2d 464 ) (2013).
discussed Cited as authority (rule) Cotton v. State
Ga. · 2015 · confidence medium
We have held that “[documents from electronic sources such as the printouts from a website like [Facebook] are subject to the same rules of authentication as other more traditional documentary evidence and may be authenticated through circumstantial evidence.” Burgess v. State, 292 Ga. 821, 823 (4) ( 742 SE2d 464 ) (2013) (citations and footnote omitted). 6 Here, Turner’s mother testified that she knew Cotton went *260 by the name “Bucky Raw” because she saw videos that he had posted — and in which he appeared — on YouTube using that alias, because she saw that Cotton’s friends…
discussed Cited as authority (rule) People v. Glover (2×) also: Cited "see, e.g."
Colo. Ct. App. · 2015 · confidence medium
Under. the cireumstances, we conclude that, under CRE 901(b), the trial court did not abuse its discretion in ruling the evidence was sufficient to permit the jury to conclude that the account belonged to defendant and that he sent.the messages contained in the printouts See Bernard, 1M 11-13 {email properly authenticated under CRE 901(b)(1) and (b)(d) where victim testified that a printout was a true and accurate copy of an email she received from defendant and defendant did not challenge that the e-mail came from his e-mail address or that he sent it); Burgess v. State, 292 Ga. 821 , 742 S.E…
discussed Cited as authority (rule) Weyman Wheeler v. State
Ga. Ct. App. · 2014 · confidence medium
N., Wheeler’s trial counsel asked whether she had ever posted (i.e., “tweeted”) anything about Wheeler on her Twitter11 profile page 8 Daniel, 296 Ga. App. at 522 (6). 9 Smith v. State, 302 Ga. App. 128, 130 (1) ( 690 SE2d 449 ) (2010) (punctuation omitted). 10 See Burgess v. State, 292 Ga. 821, 823 (4) ( 742 SE2d 464 ) (2013); Smoot v. State, 316 Ga. App. 102, 109 (4) (a) ( 729 SE2d 416 ) (2012). 11 “Twitter is an online social networking service and microblogging service that enables its users to send and read text-based messages of up to 140 characters, known as ‘tweets.’” htt…
discussed Cited as authority (rule) Long v. State
Ga. Ct. App. · 2013 · confidence medium
“On appeal, the admission of evidence is reviewed for an abuse of discretion.” Burgess v. State, 292 Ga. 821, 823 (4) ( 742 SE2d 464 ) (2013). (a) Long contends that the trial court committed numerous errors in connection with its admission of the similar transaction evidence. (i) We find no merit in his contention that the trial court erred by allowing the State to introduce evidence of crimes other than false imprisonment because the State listed only “false imprisonment” as the “similar crime or transaction” in its notice of intent.
discussed Cited as authority (rule) David Heath Long v. State
Ga. Ct. App. · 2013 · confidence medium
“On appeal, the admission of evidence is reviewed for an abuse of discretion.” Burgess v. State, 292 Ga. 821, 823 (4) (742 SE2d d 464) (2013). (a) Long contends that the trial court committed numerous errors in connection with its admission of the similar transaction evidence. (i) We find no merit in his contention that the trial court erred by allowing the State to introduce evidence of crimes other than false imprisonment because the State 14 listed only “false imprisonment” as the “similar crime or transaction” in its notice of intent.
discussed Cited as authority (rule) In the Interest of L. P. (2×)
Ga. Ct. App. · 2013 · confidence medium
Documents from electronic sources, such as the printouts from a website like Facebook, are subject to the same rules of authentication as other documents and may be authenticated through circumstantial evidence. 1 See Burgess v. State, 292 Ga. 821, 823 (4) ( 742 SE2d 464 ) (2013); Smoot v. State, 316 Ga. App. 102, 109 (4) (a) ( 729 SE2d 416 ) (2012).
discussed Cited as authority (rule) In the Interest Of: L. P., a Child (2×)
Ga. Ct. App. · 2013 · confidence medium
Documents from electronic sources, such as the printouts from a website like Facebook, are subject to the same rules of authentication as other documents and may be authenticated through circumstantial evidence.1 See Burgess v. State, 292 Ga. 821, 823 (4) ( 742 SE2d 464 ) (2013); Smoot v. State, 316 Ga. App. 102, 109 (4) (a) ( 729 SE2d 416 ) (2012).
cited Cited "see" SprayFoamPolymers.Com, LLC v. Frank Luciano and Helene Luciano
Tex. App. · 2018 · signal: see · confidence high
Tex. 2009); see Burgess v. State, 742 S.E.2d 464 , 823 n.2 (Ga. 2013).
examined Cited "see" Glispie v. the State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2015 · signal: see · confidence high
See Ga. L. 2011, pp. 99, 214, § 101. 18 See Burgess v. State, 292 Ga. 821, 823 (4) ( 742 SE2d 464 ) (2013). 19 (Punctuation omitted.) Williams v. State, 328 Ga. App. 876, 880 (1) ( 763 SE2d 261 ) (2014), quoting United States v. Frazier, 387 F3d 1244, 1259 (II) (11th Cir. 2004). 20 (Punctuation omitted.) Koules v. SP5 Atlantic Retail Ventures, 330 Ga. App. 282, 287, n. 7 ( 767 SE2d 40 ) (2014), quoting Paul S. Milich, Ga. Rules of Evidence, § 7:6 (2014-2015 ed.).
discussed Cited "see" Moore v. State
Ga. · 2014 · signal: see · confidence high
See Burgess, 292 Ga. at 823-824 (printout from a MySpace profile page was sufficiently authenticated by testimony that the defendant’s nickname matched the profile name, photos of the defendant matched the images on the printout, and the defendant’s age and hometown were accurately listed on the page); In the Interest of L.
discussed Cited "see" Ronald Abney v. State (2×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See Burgess v. State, 292 Ga. 821, 822 (2) ( 742 SE2d 464 ) (2013).
discussed Cited "see" Abney v. State (2×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See Burgess v. State, 292 Ga. 821, 822 (2) ( 742 SE2d 464 ) (2013).
discussed Cited "see" Wheeler v. State (2×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See Burgess v. State, 292 Ga. 821, 823 (4) ( 742 SE2d 464 ) (2013); Smoot v. State, 316 Ga. App. 102, 109 (4) (a) ( 729 SE2d 416 ) (2012).
discussed Cited "see" Crowder v. State (2×)
Ga. · 2013 · signal: see · confidence high
See Burgess v. State, 292 Ga. 821 (6) ( 742 SE2d 464 ) (2013); Merritt v. State, 285 Ga. 778 (3) ( 683 SE2d 855 ) (2009).
discussed Cited "see" State v. Jackson (2×)
Ga. · 2013 · signal: see · confidence high
See Burgess v. State, 292 Ga. 821 (1) ( 742 SE2d 464 ) (2013).
examined Cited "see, e.g." Harris v. State (4×)
Ga. · 2022 · signal: see also · confidence medium
But the general rule under the old and current codes is that “documents from electronic sources . . . are subject to the same rules of authentication as other more traditional documentary evidence and may be authenticated through circumstantial evidence.” 5 The Attorney General in his brief here cites former OCGA 24-3-31, which provided that, with some exceptions, an “admission by a party to the record shall be admissible in evidence when offered by the other side[.]” 18 Blackledge v. State, 299 Ga. 385, 390-391 (4) (788 SE2d 353) (2016) (citation and punctuation omitted); see also Bur…
discussed Cited "see, e.g." Hawkins v. State (2×)
Ga. · 2018 · signal: see also · confidence low
See also Burgess v. State , 292 Ga. 821 (4), 742 S.E.2d 464 (2013). 5 **305 (b) With respect to the disclosure of the Facebook messages to defense counsel four days before trial, Hawkins contends that "the late disclosure violated OCGA § 17-16-4, which generally requires the prosecutor to make available to the defense no later than ten days before trial all tangible evidence that the State intends to use at trial." (Citations omitted) Cushenberry v. State , 300 Ga. 190 , 193 (2) (a), 794 S.E.2d 165 (2016).
discussed Cited "see, e.g." Hawkins v. State (2×)
Ga. · 2018 · signal: see also · confidence low
See also Burgess v. State, 292 Ga. 821 (4) ( 742 SE2d 464 ) (2013).5 (b) With respect to the disclosure of the Facebook messages to defense 5 As we explained in Cotton, supra, 297 Ga. at 259 n.6: Although Burgess was based on the old Evidence Code, there is nothing in the new Evidence Code that forbids the use of circumstantial evidence to authenticate these types of electronic communications.
discussed Cited "see, e.g." Cotton v. State (2×)
Ga. · 2015 · signal: see also · confidence medium
See Supreme Court Rule 22 (“Any enumerated error not supported by argument or citation of authority in the brief shall be deemed abandoned.”); see also Zamora v. State, 291 Ga. 512, 516 (6) ( 731 SE2d 658 ) (2012). 5 from electronic sources such as the printouts from a website like [Facebook] are subject to the same rules of authentication as other more traditional documentary evidence and may be authenticated through circumstantial evidence.” Burgess v. State, 292 Ga. 821, 823 (4) ( 742 SE2d 464 ) (2013) (citations and footnote omitted).6 Here, Turner’s mother testified that she knew …
BURGESS
v.
State
S13A0114.
Supreme Court of Georgia.
Apr 29, 2013.
742 S.E.2d 464
Steven M. Frey, for appellant., Tracy Graham-Lawson, District Attorney, Elizabeth A. Baker, Billy J. Dixon, Luana P. Nolin, Assistant District Attorneys, Samuel S. Olens, Attorney General, Patricia B. Attaway Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Brittany N. Jones, Assistant Attorney General, for appellee.
Benham.
Cited by 38 opinions  |  Published
3 passages pin-cited by 8 cases
Pinpoint authority: #20,058 of 633,719
Citer courts: Court of Appeals of Georgia (8)
BENHAM, Justice.

Appellant Jerome Burgess was convicted as a party to the crime of felony murder, six counts of aggravated assault, and possession of a firearm during the commission of a crime.[1] For the reasons that follow, we affirm appellant’s convictions.

1. The record on appeal shows that on October 25, 2008, appellant participated in a drive-by shooting in Clayton County by driving the vehicle from which Andre Weems used an AK-47 to shoot at three teenagers, one of whom was fatally wounded. At trial, witnesses, including Weems, testified that appellant and everyone riding in his vehicle on the night of the shooting were members of the gang known as Murk Mob. Witnesses testified that earlier in the evening, members of Murk Mob and a rival gang known as 220 had an altercation in the parking lot of a local stadium after a high school football game. Witnesses testified that Weems specifically had words with the leader of the 220 gang. Appellant was seen with his vehicle in the parking lot, and police, who were monitoring the altercation, instructed him to leave. Weems testified that he and the other people riding in appellant’s truck were “mad” at the leader of 220. Another witness stated that the occupants of appellant’s truck had heated words to say about 220 after the altercation. Upon leaving the game, appellant[*822] drove the group to Weems’s cousin’s house where Weems retrieved the gun. Appellant then drove Weems and the others to another neighborhood in Clayton County where the leader of 220 lived. Witnesses stated the group was looking for the 220 gang leader in order to shoot him. However, when appellant and his friends did not find the rival gang member at his home, a witness stated the group decided to assault the three teenagers they saw in the vicinity so that Weems could “get [his] stripes.” The surviving victims testified that they saw a dark colored truck at the top of a hill flash its lights a few times, that the truck’s lights went out, and then the truck sped toward them at which time bullets were fired from the vehicle. Appellant took the stand at trial and denied being in a gang and testified that Weems forced him to drive the vehicle by nudging him with the gun. Although he initially stated he was unaware of Weems’s intent, appellant admitted that he flashed his headlights in warning because he knew Weems intended to shoot at the victims. The medical examiner testified that the deceased victim died of a gunshot wound to his torso.

The evidence adduced at trial and summarized above was sufficient to authorize a 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 SCt 2781, 61 LE2d 560) (1979).

2. Appellant contends the trial court erred when, over appellant’s objection, it allowed Clayton County police officer David Ricks (“Officer Ricks”) to be qualified as an expert in gang identity and investigation. “[A] trial court has broad discretion in accepting or rejecting the qualifications of an expert, [cit.] ....” Jones v. State, 287 Ga. 770 (5) (700 SE2d 350) (2010). We will not disturb such rulings unless there is a showing that the trial court abused its discretion. Thomas v. State, 290 Ga. 653 (5) (723 SE2d 885) (2012). A witness need not be formally educated in the field at issue to be qualified as an expert. Id. at 658.

In this case, the evidence at trial showed that Officer Ricks was a state certified gang investigator; that he was trained by other officers in gang identity and investigation; that he trained new hires about gangs at the police academy; that he regularly made himself aware of current legal updates through the Georgia Gang Investigators Association; that he regularly monitored approximately six Clayton County-based gangs including 220 and Murk Mob, and was knowledgeable about the neighborhoods and zip codes in which the gangs operated; that he attended monthly meetings with other law enforcement agencies and jurisdictions to discuss gang activity; and that he regularly spoke with gang members. Officer Ricks also testified that he knew the colors associated with Murk Mob and had[*823] seen photographs of their gang signs. Based on our review of the record in this case, we cannot say that the trial court abused its discretion in determining that Officer Ricks was qualified to testify as an expert in the subject of gang identity and investigation.

3. Appellant alleges the trial court erred when it permitted Officer Ricks to testify about a map of gang territories which he created and which was used as a demonstrative exhibit during trial. Appellant, however, did not object to the use of the map or Officer Ricks’ testimony concerning the map. Accordingly, appellant waived review of this issue on appeal. See Welch v. State, 257 Ga. 197 (3) (357 SE2d 70) (1987).

4. Appellant contends the trial court erred when it allowed the admission of a document Officer Ricks had printed as part of his investigation from the social media website MySpace. The printout was a screenshot[2] of the MySpace profile page of a person going by the name of “Oops,” on which the person described himself as a 19-year-old male from New York and as a member of Murk Mob, and which profile page depicted images of appellant wearing a bandana in a color associated with Murk Mob and making a sign with his hand. Appellant argues that the State’s attempt to authenticate the document was insufficient because Officer Ricks could not say who owned the profile page or who created it and because Officer Ricks had not subpoenaed the website provider. We do not find this argument to be persuasive.

On appeal, the admission of evidence is reviewed for an abuse of discretion. Hammontree v. State, 283 Ga. App. 736 (3) (642 SE2d 412) (2007). Documents from electronic sources such as the printouts from a website like MySpace are subject to the same rules of authentication as other more traditional documentary evidence and may be authenticated through circumstantial evidence.[3] Smoot v. State, 316 Ga. App. 102 (4) (a) (729 SE2d 416) (2012); Hammontree v. State, supra, 283 Ga. App. at 739. At trial, prior to the entry of the document into evidence, several witnesses testified that appellant was known by the nickname “Oops” and that he was a member of the gang Murk Mob. Officer Ricks testified that he confirmed appellant’s nickname by speaking with appellant’s sister during the investigation, that he used this information to access the publicly-available MySpace profile page, that he printed the document from his computer while[*824] observing the MySpace profile page, and that the printout fairly and accurately depicted what he observed on his computer screen. Officer Ricks also stated that he compared known photographs of appellant with the images depicted in the printout and determined they were images of appellant. Officer Ricks was also able to confirm, through his contact with appellant’s family during the investigation, that appellant was 19 years old at the time the document was printed and that appellant was originally from New York. In this case, there was sufficient circumstantial evidence to authenticate the printout from the MySpace profile page. See Smoot, supra, 316 Ga. App. at 110; Tienda v. State, 358 SW3d 633 (Tex. Crim. App. 2012); Rene v. State, 376 SW3d 302, 307 (Tex. App. 2012). The trial court did not abuse its discretion when it admitted the printout of the MySpace profile page into evidence at trial. See Hammontree, supra, 283 Ga. App. at 739.

5. Appellant alleges the trial court erred when it allowed the admission of evidence that appellant was wearing colors and making signs associated with the Murk Mob gang. For the reasons explained in Divisions 2 and 4, the trial court did not err when it allowed Officer Ricks to testify in his expert opinion that appellant was wearing colors and was making hand gestures associated with the gang Murk Mob in the images depicted in the printout of the MySpace profile page. This enumeration of error lacks merit.

6. Appellant alleges the trial court erred when it allowed the admission of evidence concerning the altercation that took place at the football game hours before the shooting occurred. At trial, the State argued that this incident was relevant as part of the res gestae of the crime and was admissible to show motive. Pretermitting whether the incident was part of the res gestae of the crime, the trial court did not abuse its discretion admitting evidence regarding the football game altercation because the incident was still relevant to show motive for the events that unfolded later that night. See Merritt v. State, 285 Ga. 778 (3) (683 SE2d 855) (2009) (evidence of motive is always relevant in a murder trial). Specifically, Weems testified that he had words with the leader of the rival gang 220 at the football game; Weems testified that everyone in appellant’s vehicle was “mad” about the altercation; witnesses testified that after the game, appellant drove Weems and other members of the Murk Mob to a house where Weems picked up a gun; and witnesses testified that appellant then drove Weems and the others to the neighborhood where the shooting took place to look for the 220 gang leader. Thus, the incident in the parking lot at the football game explains the groups’ original intent on the night in question even if the target of their aggression changed from the 220 gang leader to the victims who were on a street that was one street over from the 220 gang leader’s house. Since the[*825] evidence was admissible to show motive, this enumeration of error cannot be sustained. See Thomas v. State, 268 Ga. 135 (5) (485 SE2d 783) (1997).

Decided April 29, 2013. Steven M. Frey, for appellant. Tracy Graham-Lawson, District Attorney, Elizabeth A. Baker, Billy J. Dixon, Luana P. Nolin, Assistant District Attorneys, Samuel S. Olens, Attorney General, Patricia B. Attaway Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Brittany N. Jones, Assistant Attorney General, for appellee.

Judgment affirmed.

All the Justices concur.
1

On June 4, 2009, appellant and Andre Weems were indicted by a Clayton County grand jury on charges of malice murder, felony murder, nine counts of aggravated assault, and possession of a firearm during the commission of a crime. From October 18,2010, to October 21, 2010, appellant was tried before a jury which found him guilty of felony murder, six counts of aggravated assault, and possession of a firearm during the commission of a crime. The jury acquitted appellant of the charge of malice murder and three counts of aggravated assault. On October 26, 2010, the trial court sentenced appellant to life in prison for felony murder, twenty years each for three counts of aggravated assault to be served concurrently, and five years (suspended) for possession of a firearm during the commission of a crime. The three remaining counts of aggravated assault merged into the count of felony murder. Appellant filed a motion for new trial on November 16, 2010, and amended that motion on December 9, 2010. The trial court held a hearing on the motion for new trial as amended on January 24, 2012, and denied the motion on January 26, 2012. Appellant filed a timely notice of appeal on February 27, 2012. The case was docketed to the January 2013 term of this Court and was orally argued on March 5, 2013.

2

A “screenshot” is “an image that shows the contents of a computer display.” Merriamwebster.com, http://www.merriam-wehster.com/dictionary/screenshot (April 9, 2013).

3

This case was tried before January 1, 2013, which is the effective date of Georgia’s new Evidence Code, including OCGA § 24-9-901 (“Requirement of authentication or identification”). See Milich, Courtroom Handbook on Georgia Evidence A10.5 (2013 ed.).