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Tucker Hamlettev.The State

CourtCourt of Appeals of Georgia
Docket No.A19A1839
DecidedFebruary 14, 2020
Reporter337 Ga. App. 233
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawCriminal ProcedureSufficiency of the EvidenceJury InstructionsIneffective Assistance of CounselMergerVacaturRemand
Case Summary

Tucker and Timothy Hamlette were jointly tried after an altercation outside a nightclub ended with the shooting death of Stephant Lewis. A jury convicted each brother of voluntary manslaughter and aggravated assault with a deadly weapon. Tucker challenged the voluntary-manslaughter instruction and ineffective assistance; Timothy challenged sufficiency and the weight of the evidence. Both argued that the aggravated-assault convictions should merge for sentencing. The Georgia Court of Appeals affirmed the convictions, holding that the evidence authorized the verdicts and that the trial court’s instruction and counsel performance did not warrant relief. It nevertheless held that the aggravated-assault convictions should have merged into the voluntary-manslaughter convictions. The court vacated both aggravated-assault sentences and remanded for resentencing, leaving the convictions themselves intact.

Opinion

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Tucker Hamlette V. The State — The Atlanta Gleaner