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The Statev.Owens (And Vice Versa)

CourtSupreme Court of Georgia
Docket No.S21A0640, S21X0641
DecidedAugust 10, 2021
Reporter312 Ga. 212
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureMergerSentencingReversalVacatur
Case Summary

Stephan Joseph Owens was convicted of felony murder and related offenses after a shooting death. The trial court granted him a new trial on felony murder because it viewed the verdicts as repugnant, and both the State and Owens appealed. The Supreme Court of Georgia reversed the order granting a new trial, holding that the verdicts were not legally repugnant on the theory used by the trial court. In Owens’s cross-appeal, the Court affirmed most rulings but corrected a sentencing error by vacating the affected conviction and sentence as required by merger principles. The judgments were therefore reversed in the State’s appeal and affirmed in part, vacated in part, and remanded with direction in Owens’s cross-appeal.

Opinion

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