THOMPSON, Presiding Justice.
Appellant Solomon Hester was convicted of malice murder, two counts of cruelty to a child, and possession of a firearm during the commission of a felony in connection with the shooting death of Allison Brownell.
1. Viewed in the light most favorable to the verdict, the jury was authorized to find that on the night of the crimes appellant was at home with Brownell and her two daughters, then ages 9 and 10. Appellant and Brownell were sitting on the couch arguing while the girls were in their bedrooms. One daughter heard Brownell yell, "If you put your hands on me, I'll call the cops!" Soon after, the child heard a loud noise. She ran into the living room and saw her mother lying on the couch with a bullet hole in her
After appellant called 911, police found Brownell, who was right-handed, with a gun in her left hand and a lighter in her right hand. Although appellant told police Brownell had been sitting up when she shot herself, a crime scene investigator testified blood splatter and the bullet's trajectory demonstrated the victim's head had been pressed against or very close to the seat of the couch when she was shot. Multiple experts testified appellant's assertion that the victim shot herself while sitting up was inconsistent with the blood splatter, the bullet trajectory, the presence of a muzzle stamp on her head, and the position in which she was holding the gun when found. A toxicology report revealed Brownell had a blood alcohol concentration of 0.27 at the time of her death.
We conclude the evidence was sufficient to authorize a rational jury to find appellant guilty beyond a reasonable doubt of the crimes for which he was convicted. See Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
2. Just before trial, appellant moved to compel the State to test Brownell's blood sample for the presence of marijuana metabolites, or THC, the psychoactive compound found in marijuana. The trial court granted the motion and the GBI lab performed an immunoassay (IA) test, a procedure used by the GBI to screen for the possible presence of several different metabolites. Because the blood sample registered at the exact cutoff level to warrant further testing, the lab conducted a gas chromatograph/mass spectrometer (GC/MS) test, a more precise test used to either confirm or rule out the presence of marijuana metabolites in the sample.
Appellant contends the trial court erred by denying his motion for new trial based on the State's failure to disclose the result of the IA test indicating the possible presence of marijuana in the victim's blood, which he argues he could have used to bolster his argument that she shot herself because of her exaggerated emotions and severe intoxication. He further asserts as error the State's failure to disclose the results of the GC/MS test during trial.
To prevail on a Brady claim, a defendant must show: (1) the State possessed evidence favorable to the defendant; (2) the defendant did not possess the favorable evidence and could not obtain it himself with any reasonable diligence; (3) the State suppressed the favorable evidence; and (4) had the evidence been disclosed to the defense, a reasonable probability exists that the outcome of the trial would have been different. See Kyles v. Whitley, 514 U.S. 419, 433-434, 115 S.Ct. 1555, 131 L.Ed.2d 490 (1995); Mize v. State, 269 Ga. 646, 648-649(2), 501 S.E.2d 219 (1998); Burgeson v. State, 267 Ga. 102, 104(2), 475 S.E.2d 580 (1996). Pretermitting the issue of whether appellant met his burden with regard to the first three prongs of his Brady claim, we find no reversible error because appellant has failed to show a reasonable probability that disclosure of the evidence would have caused a different outcome in the trial. See Watkins v. State, 276 Ga. 578, 583(4), 581 S.E.2d 23 (2003); Rogers v. State, 257 Ga. 590, 592(3), 361 S.E.2d 814 (1987).
Judgment affirmed.
All the Justices concur.