Tucker Hamlettev.The State
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.
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