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Daniels v. State

Although the evidence supported the defendant's malice murder conviction, the trial court erred with regard to its merger of certain counts.

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Following the denial of his motion for new trial, as amended, Larry Daniels appeals his conviction and sentence for malice murder in connection with the strangulation death of Latrenda Jennings. His sole challenge is to the sufficiency of the evidence of his guilt. Finding the sufficiency challenge to be without merit, we affirm the judgment of conviction for malice murder, but for the reasons discussed in Division 2 we vacate in part and remand the case for resentencing.1

The evidence, construed in favor of the verdicts, showed the following. On the morning of April 21, 1991, the police responded to a call from a jogger reporting a dead body found near the running track of a high school in Fulton County. The body, which was later identified as that of Latrenda Jennings, was lying on the ground face up with legs spread. The woman’s outer pants were off, her leggings were partially removed, and there was a belt wrapped in a knot around her neck; the woman’s mud-and-urine- covered jeans were found nearby. Various personal effects were also found at the scene including a crack pipe, lighters, and a pocketbook. The police later learned that in the months leading up to her death, Jennings had been using drugs and working as a prostitute.

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