Babbitt v. State

DOYLE, Chief Judge.

After a jury trial, Armand Babbitt was convicted of two counts of aggravated assault,1 possession of a firearm by a convicted felon,2 and possession of a firearm during the commission of a felony.3 The jury acquitted Babbitt of two counts of felony murder (one count predicated on aggravated assault and one count predicated on armed robbery) and of armed robbery. Babbitt appeals, arguing that (1) the trial court erred by excluding his pre-trial statement but allowing its use for impeachment purposes; (2) the evidence was insufficient to support his conviction for aggravated…