Britton v. State

Phipps, Presiding Judge.

Darius Byzear Britton and a co-indictee were jointly tried by a jury on charges arising from a shooting incident. Convicted of numerous offenses, Britton maintains that his motion for mistrial should have been granted. Because he has failed to show that the court abused its discretion in determining otherwise, we affirm.

The evidence showed that, shortly after 1:30 a.m. on July 17, 2004, Britton was a front passenger of a Nissan Maxima that drove alongside another car occupied by four individuals. Britton leaned out of the car window and fired a gun in the direction of…