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Stewart v. State

The trial court erred in its sentencing following the defendants' convictions for felony murder and aggravated assault arising out of an armed robbery of a drug dealer.

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Chrissharnard Stewart, Christopher Snelson, and Courtney Smith appeal their convictions for the felony murder of Eric Smith “Eric”, the aggravated assault of Khaljil Smith “Khaljil”, and the aggravated assault of Sabrina Crary “Sabrina”. We affirm the three appellants’ convictions, but we have identified a merger error in sentencing that requires vacating their sentences in part and remanding for resentencing.1

1. Viewed in the light most favorable to the verdicts, the evidence presented at trial showed the following. According to the two surviving victims, in the days leading up to the crimes, Eric, Khaljil, and Sabrina were staying in Room 161 at the Homestead Suites motel in Gwinnett County, and Eric was selling marijuana out of the room. On the evening of November 14, 2012, Smith and another man approached Khaljil outside the room and asked to buy some marijuana. After agreeing on a quantity and price, Khaljil went into Room 161 to get the marijuana and gave it to the two men, who had waited outside.

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