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Hurt v. State

The trial court erred in its sentencing order after finding the defendant guilty of, inter alia, felony murder predicated on aggravated assault, felony murder predicated on possession of a firearm by a convicted felon and possession of a firearm by a convicted felon.

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Appellant Kortez Hurt was convicted of felony murder and associated crimes in connection with the shooting death of Michael Ray. Hurt now appeals his convictions on the grounds that the trial court allowed the State to elicit inadmissible hearsay testimony, that the trial court abused its discretion when it refused to ask three of Hurt’s proposed voir dire questions, and that trial counsel was ineffective. Though we find no merit in Hurt’s enumerations, we do find error in certain aspects of Hurt’s sentences, and we must, therefore, vacate and remand for resentencing.1

Viewed in the light most favorable to the jury’s verdicts, the evidence adduced at trial established as follows. Law enforcement officers discovered the victim dead in a drug house in Fulton County where he had been selling drugs; the victim was shot once in the head. The exact time of the victim’s death is unknown, but the victim’s cellular telephone records reflect that he last placed or received a telephone call at 11:49 p.m. on July 7, 2009, and the medical examiner testified that the victim likely died between 12 a.m. and 1 a.m. on July 8, 2009.

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