Smith v. State

The trial court erred in merging the defendant's convictions for attempted armed robbery and the unlawful possession of a firearm by a convicted felon into felony murder counts that were vacated by operation of law, and thus failed to sentence the defendant for crimes of which he was found guilty.

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Tariq Smith was tried by a Fulton County jury and convicted of murder and several other crimes in connection with the fatal shooting of Emmanuel Opoku-Afari. Smith appeals, contending that the trial court erred when it removed one of the jurors after the evidence was closed. We find no merit in that contention, but we note that the trial court erred when it failed to sentence Smith for attempted armed robbery and the unlawful possession of a firearm by a convicted felon. Accordingly, we affirm in part, vacate in part, and remand for resentencing.1

1. Viewed in the light most favorable to the verdict, the evidence shows that, on October 12, 2010, Smith sold a television to Opoku-Afari. During the transaction, Smith noticed that Opoku-Afari seemed to have a lot of money, and he devised a plan to rob him. Later that day, Smith discussed his plan with Anthony Norris and Tefflon Rhoden, who agreed to assist Smith with the robbery. Traveling together in Norris’s truck, the three men located Opoku-Afari, and they followed him to his apartment in South Fulton County. But when the three men approached Opoku-Afari with guns, Rhoden apparently became afraid that the victim might try to do something, and he shot the victim in the head before the robbery could take place. The men fled the scene, but Smith — who had prior convictions for aggravated assault and drug felonies — was ultimately apprehended by police.

Smith v. State

The trial court erred in merging the defendant's convictions for attempted armed robbery and the unlawful possession of a firearm by a convicted felon into felony murder counts that were vacated by operation of law, and thus failed to sentence the defendant for crimes of which he was found guilty.

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