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Scudder v. State

The trial court erroneously concluded that the defendant's convictions on two counts of unlawful possession of a firearm during the commission of a felony merged with the other crimes for which he was sentenced, since the unlawful possession of a firearm during the commission of a crime is a crime distinct from the predicate felony.

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Edward Scudder was tried by a Fulton County jury, which found him guilty of two murders and several other crimes, all in connection with the fatal shootings of brothers Crishon and Jesse Woodard. Scudder appeals, contending that the trial court erred when the judge met privately with a witness, when the court admitted certain testimony, and when it charged the jury. We find no merit in these contentions, but we do note that the trial court erred when it failed to sentence Scudder for two crimes for which the jury found him guilty. Accordingly, we affirm in part, vacate in part, and remand for the trial court to sentence Scudder on two counts of the unlawful possession of a firearm during the commission of a felony.1

1. Viewed in the light most favorable to the verdicts, the evidence shows that Scudder and Kenorris Dorsey were involved in an altercation with the Woodard brothers outside Scudder’s apartment in southwest Atlanta. The Woodard brothers had confronted Scudder and Dorsey about a handgun that Dorsey allegedly had taken from their friend the night before, and Jesse eventually punched Scudder in the face. Scudder retreated into his apartment, and the Woodard brothers began fighting with Dorsey. When Scudder returned with a semi automatic pistol, Dorsey was on the ground, being kicked by the Woodard brothers. Scudder fired at least eight shots, and both Crishon and Jesse were killed.

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