Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Nolley v. State

The evidence supported the defendant's convictions on several counts of violating the Street Gang Terrorism and Prevention Act.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Darnell C. Nolley was found guilty by a jury of criminal attempt to commit armed robbery count 1; aggravated assault count 2; seventeen violations of the Street Gang Terrorism and Prevention Act the Street Gang Act counts 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19; possession of a firearm during the commission of the felony offense of criminal attempt to commit armed robbery count 20; possession of a firearm during the commission of the felony offense of aggravated assault count 21; and misdemeanor obstruction of a police officer count 22. By merger with other counts, the trial court subsequently vacated the convictions on counts 2, 4, 6, 10, and 21. On appeal, Nolley contends: 1 that the evidence was insufficient to support his convictions for violation of the Street Gang Act on the remaining counts 3, 5, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, and 19; and 2 that the trial court erred by failing to merge all of the remaining counts charging violation of the Street Gang Act into count 11. We find the evidence was sufficient to support the convictions on all the counts except count 18, on which there was an absence of evidence in the record to prove venue. The trial court did not err by failing to merge all of the Street Gang Act counts into count 11. We conclude for other reasons that counts 8, 9 and 11 must also be vacated and the case remanded for resentencing.

1. The indictment charged that Nolley violated various provisions of the Street Gang Act OCGA § 16-15-1 et seq.. Specifically, Nolley was charged with violation of subsections a, b, d, and e of OCGA § 16-15-4.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Client Services/Hospitality Representative - Florida Office

CLIENT SERVICES/Hospitality REPRESENTATIVE-FLORIDA OFFICE Prominent mid-Atlantic law firm with multiple regional office locations seeks a f...


Apply Now ›
Legal Practice Assistant - Florida Office

Prominent mid-Atlantic law firm with multiple regional office locations seeks a legal practice assistant (LPA) for our Boca Raton, FL. Offic...


Apply Now ›
Litigation Associate - Philadelphia, PA

Description: Fox Rothschild has an opening in the Philadelphia, PA office for a litigation associate. The ideal candidate will have two to t...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements