Preston v. State

── Preston v. State ── Court: Supreme Court of Georgia Date: June 02, 2026 Category: General NOTICE: This opinion is subject to modification resulting from motions for reconsideration under Supreme Court Rule 27, the Court’s reconsideration, and editorial revisions by the Reporter of Decisions. The version of the opinion published in the Advance Sheets for the Georgia Reports, designated as the “Final Copy,” will replace any prior version on the Court’s website and docket. A bound volume of the Georgia Reports will contain the final and official text of the opinion. In the Supreme Court of Georgia No. S26A0122 Keyondre Preston v. The State On Appeal from the Superior Court of Newton County No. 2021CR6892 Decided: June 2, 2026 LAGRUA, Justice. Appellant Keyondre Preston appeals his convictions for malice murder and other crimes related to the shooting death of Shelvis Hillman. 1 On appeal, Preston argues that (1) the evidence 1 Hillman was killed on April 3, 2019. On June 7, 2019, a Newton County grand jury indicted Preston, and on July 23, 2021, a grand jury re- indicted Preston for the following counts: malice murder (Count 1); felony murder predicated on armed robbery (Count 2); felony murder predicated on aggravated assault (Count 3); armed robbery (Counts 4–6); aggravated assault (Counts 7–9); burglary in the first degree (Counts 10 and 11); and possession of a firearm during the commission of a felony (Counts 12–14). Preston was tried from October 18 to 21, 2021, and the jury found Preston guilty on all counts except Count 2. The trial court sentenced Preston to life without the possibility of parole on Count 1; life in prison on each of Counts 4–6, to run concurrently; twenty years to run concurrent on Count 10; and five years to run consecutive on each of Counts 12–14. The remaining counts merged or were vacated by operation of law. Preston filed a timely motion for new trial, which he later amended on September 2, 2023. The trial court denied the motion on October 30, 2024. Preston filed a timely notice of appeal, and his case was docketed to this Court’s term beginning in December 2025 and submitted for a decision on the briefs. was constitutionally insufficient to support the verdicts; (2) the trial court abused its discretion by admitting other-act evidence of two prior incidents; and (3) the trial court erred by refusing his request to charge the jury on justification and related concepts. For the reasons set forth below, Preston’s arguments fail. Accordingly, we affirm. The evidence presented at trial showed that, during the evening hours of April 3, 2019, Preston shot and killed Hillman at the home of his uncle, Charlie Hillman. Preston then robbed Hillman, Charlie, and Curtis Kimbrough, Charlie’s roommate. Earlier that same day, Preston, who also went by “Peanut,” accompanied David Catlett to the home of Hillman’s father, Stanley Hillman, who was friends with Catlett. When Preston and Catlett arrived at Stanley’s house, Stanley’s fiancée told them that Stanley was not home, but the two men came inside the house anyway. 2 Stanley’s dog was in the house and began barking at them. Preston pulled a gun and shot at the dog but missed. Stanley’s fiancée then “threw them outside,” called Stanley, and told Stanley to come home because somebody just shot at his dog. After receiving this call, Stanley returned home, a