Aerius Deshad Pottsv.The State
A Carroll County jury convicted fifteen-year-old Aerius Deshad Potts of aggravated assaults, felony cruelty to children, armed robbery, and firearm offenses arising from a 2006 armed attack at a mobile-home park. A victim was beaten and shot, another resident was killed by gunfire into a home, and a child was injured. Potts argued that he was merely present and did not know about the planned robbery. He appealed the denial of his motion for new trial, challenging supplemental jury instructions on knowledge, aiding and abetting, mere presence, and mere association, and arguing that two aggravated-assault convictions should have merged into armed robbery. The Court of Appeals of Georgia affirmed the jury-charge and new-trial rulings but vacated the convictions on Counts 5 and 11 and remanded for resentencing. The added instructions accurately stated Georgia law, were supported by the evidence and Potts’s defense, and did not conflict with the mere-association charge or confuse the jury merely because the jury requested a recharge. The evidence showed more than presence, including Potts’s participation in arranging the meeting, possession of a firearm, flight, and disposal of guns. But under the Georgia Supreme Court’s decision in Oliphant, aggravated assault with intent to rob and the charged aggravated assault with a deadly weapon were lesser-included offenses of the same armed robbery and required merger. The remaining convictions and the denial of a new trial were affirmed. Barnes, P. J., and Boggs, J., concurred.
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