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Durden v. State

The Court vacated the defendant's separate sentence for family violence aggravated assault, overruling Hall v. State, 287 Ga. 755 2010, and holding that the family violence aggravated assault conviction merged into the defendant's malice murder conviction.

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Shinderen Durden appeals from his convictions for malice murder and other crimes relating to the shooting death of Shannon King. We affirm the convictions and sentences except for Appellant’s sentence for aggravated assault, which we vacate, and his felony sentence for tampering with evidence, which we vacate and remand for resentencing as a misdemeanor.1

1. a Viewed in the light most favorable to the verdict, the evidence presented at trial showed the following. In November 2008, Appellant and King were living in an unfurnished house that Appellant had been hired to renovate. Although they had been together for only eight months, there had been several instances of domestic violence, including an incident in August 2008 during which Appellant put a gun to King’s stomach and told her that he was going to kill her.

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