Jonesv.The State
Demiko Jones was convicted of felony murder, aggravated assault, and firearm offenses after an accomplice, Todd Richardson, testified that Jones supplied a gun and helped arrange an armed attack on Rodney Stafford. During deliberations, the trial court excused a juror who said she could no longer deliberate and replaced her with an alternate. Jones argued that the replacement was improper and that the evidence did not sufficiently corroborate Richardson’s testimony for the charge of possessing a firearm as a first-offender probationer. The Georgia Supreme Court affirmed most of the judgment but reversed that firearm-possession conviction. The Court held that the trial judge had a sound factual basis for excusing the juror after examining the juror and the foreperson, and that the substitution did not punish a mere dissenting vote. But the State conceded that Richardson’s testimony was the only evidence that Jones actually possessed the firearm, and the record did not establish Jones’s constructive possession or party liability for that distinct offense. The Court therefore reversed that conviction while affirming the remaining convictions.
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