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Teontre Crowleyv.The State

CourtCourt of Appeals of Georgia
Docket No.A12A1191
DecidedMay 2, 2012
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureJury SelectionJury InstructionsSentencingMergerVacaturRemand
Case Summary

A Fulton County jury convicted Teontre Crowley of armed robbery, aggravated assault, and firearm offenses arising from a golf-course robbery in which he pointed a handgun at the victim, struck him, and fired into the air while a co-defendant took the victim’s property. Crowley challenged the replacement of a juror with an alternate, the denial of a mistrial, the refusal to instruct on simple robbery, and the failure to merge armed robbery with aggravated assault. The Georgia Court of Appeals affirmed the convictions. It held that the trial court had a sound basis to excuse the juror who had not heard her number and left before being sworn, especially because the alternate was seated before opening statements or evidence and Crowley could not show prejudice. The court also upheld the refusal to give a lesser-included robbery instruction because the trial evidence uncontradictedly showed that a firearm was used. But it held that the armed-robbery and aggravated-assault convictions arose from one continuous transaction against one victim and merged under Georgia’s required-evidence analysis. The court therefore vacated the sentence in part and remanded for resentencing.

Opinion

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