Jarvis Tuckerv.The State
Brothers Jarvis and Jason Tucker were convicted of armed robbery, aggravated assault, conspiracy, kidnapping, false imprisonment, and related offenses arising from a 2011 home invasion and a later fictitious-robbery sting. In consolidated appeals, they challenged hearsay and opinion evidence, jury instructions, counsel’s performance, severance, directed-verdict rulings, and merger. The Court of Appeals of Georgia found no reversible error in those claims and otherwise affirmed. It held, however, that each brother’s two conspiracy convictions merged and that one aggravated-assault conviction merged into an armed-robbery conviction. It also determined that each brother’s sentences for one false-imprisonment count and one kidnapping count were void because they exceeded the applicable statutory maximums. The court vacated the affected convictions and sentences and remanded both cases for resentencing. Presiding Judge McFadden specially concurred that severance was not mandatory and that counsel was not deficient because a severance motion likely would have failed, while criticizing parts of the majority’s plain-error discussion as unnecessary dicta.
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