Donaldsonv.The State
Thyrell Donaldson was convicted of felony murder, aggravated assault, and two firearm offenses after Robert White was shot in the back. Donaldson argued that the evidence was insufficient and that the trial court should have granted a new trial on the general grounds. The Supreme Court of Georgia held that the evidence, including the State’s account that Donaldson shot White and Donaldson’s contrary self-defense evidence, was sufficient for a rational jury and that the jury was entitled to resolve the conflicts. The court also corrected merger errors in the sentencing judgment. The aggravated assault based on the shot that struck White merged into the felony murder, and the aggravated assault based on the missed shot did not support a separate sentence because the evidence showed no deliberate interval between the shots. The corresponding firearm conviction also had to be vacated. The court affirmed the felony-murder and one firearm conviction and vacated the aggravated-assault and other firearm convictions.
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