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Millerv.The State

CourtSupreme Court of Georgia
Docket No.S20A0943
DecidedAugust 10, 2020
Reporter309 Ga. 549
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureMurder & MayhemTales From the CryptEvidenceMergerSentencingVacatur
Case Summary

Robert Miller was convicted of malice murder and related offenses after shootings that killed Antonio Robinson and injured two other people. He challenged the admission of other-acts evidence and the trial court’s failure to give a requested instruction. The Georgia Supreme Court affirmed in part and vacated in part. The court rejected Miller’s claims requiring reversal and held that the evidence supported the convictions. It also identified a sentencing merger error that Miller had not raised: the aggravated assault against Robinson was not supported by evidence of an act independent of the act causing Robinson’s death, so that assault conviction merged into the malice-murder conviction for sentencing. The court vacated that conviction and sentence while leaving the remaining judgment intact.

Opinion

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