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Ellingtonv.The State

CourtSupreme Court of Georgia
Docket No.S22A0477
DecidedAugust 9, 2022
Reporter314 Ga. 335
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureSentencingMergerVacaturRemand
Case Summary

Vincent Ellington was convicted of malice murder and related offenses arising from the shooting death of Jeremy Kanard Fulton. On appeal, he challenged his convictions and sentences, including the treatment of one firearm-related count in relation to the life sentence for murder and another consecutive sentence. The Supreme Court of Georgia affirmed the convictions and most of the judgment. It held that one conviction could not remain as imposed because the sentence structure created an impermissible overlap with the other firearm sentence. The court vacated that conviction and remanded for resentencing, leaving the remaining convictions and sentences intact. The final disposition was affirmed in part, vacated in part, and remanded for resentencing.

Opinion

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