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Favors v. State

The trial court erred with respect to the merger of certain counts in the defendant's murder trial.

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Appellant Michael Favors was convicted of murder, burglary, aggravated assault on a peace officer, and other related offenses in connection with the December 2003 shooting death of Theodore Barber. Favors now appeals, contending the trial court erred in admitting certain witness testimony and in sentencing him on certain counts, and claiming that his trial counsel rendered constitutionally ineffective assistance. Though we find no error in the verdicts and no ineffective assistance on the part of trial counsel, we do find error with respect to the trial court’s merger of some offenses, and we therefore must vacate and remand to the trial court for proper merger and resentencing.1

On December 2, 2003, police officer Heather Davis responded to a 911 call reporting a burglary in progress at a Fulton County apartment complex. Officer Davis arrived in her marked patrol vehicle with emergency lights activated and, after parking and exiting the car, she heard the squeal of tires and saw a burgundy Ford Expedition back out of a parking space, then drive towards her. Driving the SUV was a young male with an afro and gold teeth, who was ultimately identified as Appellant Michael Favors. Officer Davis, in full uniform with her service weapon drawn, yelled at Favors to stop, but he did not, and she was forced to jump out of the way of his oncoming vehicle. Officer Davis and Officer Vernal Sutherland, who had also responded to the burglary call, pursued the vehicle as it sped away and wrecked a short time later. Favors fled on foot into a wooded area, where Officer Sutherland found him hiding and placed him under arrest.

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