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Lupoe v. State

The evidence supported defendants' convictions for malice murder, aggravated assault, armed robbery and related crimes, but the trial court erred in merging certain counts for sentencing purposes.

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Larry Lupoe, Kyshawn Williams, and Jacobey Carter were found guilty at trial of the malice murder of Tavares Moses, the aggravated assault and armed robbery of Carlos Wilson, the aggravated assault of Deandre Miller and Jumario Booker, and related crimes. We affirm the three appellants’ convictions, but we have identified merger errors in sentencing that require 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 Wilson and Booker, in July 2012, Moses, Wilson, and Miller were staying at the Home Lodge in Clayton County while their landlord repaired their apartment, and they were selling drugs out of their room. Booker occasionally came to visit them, and he was there on the night of the crimes. On July 31, the men changed rooms, and they were checking into Room 105 when they encountered a group of three women, later identified as Quandala Kilgore, Sierra Gilliam, and Parris Stready, and a man, later identified as Lupoe, in the lobby. One of the women offered them sex for money and gave them her phone number. Later that day, the women came to their room, again seeking to negotiate a prostitution transaction. When a price could not be agreed on, the women became angry and left. In Room 105, the victims had a shoebox containing drugs, some counterfeit money, and iPhones. The women returned several times during that day and the next, including the next night around midnight. During that visit, Brenton Carson, who also testified, was visiting the victims, sitting at a table in the room with his gun in plain view. The women left, and Carson then left.

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