Moore v. State

The trial court erred in not merging the defendant's three convictions for concealing a death, since all of his acts were intended to hinder the single discovery of a single unlawful killing of his girlfriend.

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Errol Alexis Moore Jr. was indicted for malice murder, two counts of felony murder, two counts of aggravated assault, three counts of concealing a death, tampering with evidence, and making a false statement. A jury found Moore guilty of the lesser included offense of voluntary manslaughter on malice murder, guilty of voluntary manslaughter on one felony murder count, not guilty on the second felony murder count, and not guilty on one count of aggravated assault. He was found guilty on all remaining charges. The trial court merged the aggravated assault and voluntary manslaughter convictions but sentenced Moore to separate and consecutive terms on each remaining conviction. After denial of his motion for new trial, Moore appeals, asserting that the trial court erred in: 1 the admission of his custodial statement; 2 the refusal to charge on misdemeanor involuntary manslaughter as a lesser included offense; and 3 the failure to merge the three convictions for concealing a death at sentencing. On the basis of our Supreme Court’s decision in Nazario v. State, 293 Ga. 480 746 SE2d 109 2013, which was decided after entry of the trial court’s order, we vacate two of Moore’s convictions for concealing a death. With respect to Moore’s remaining claims, we find no error and affirm.

1. Moore first complains that the trial court erred in admitting his oral and written custodial statements, claiming that the State failed to prove that they were not induced by hope of benefit or fear of injury. “To make a confession admissible, it must have been made voluntarily, without being induced by another by the slightest hope of benefit or remotest fear of injury.” OCGA § 24-3-50.

Moore v. State

The trial court erred in not merging the defendant's three convictions for concealing a death, since all of his acts were intended to hinder the single discovery of a single unlawful killing of his girlfriend.

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