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Ensley v. State

Sentences on two separate firearms offenses were vacated, since those possession charges involved the same victim.

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Grant Murphy Ensley “Ensley” appeals from his convictions and sentences for the malice murder of his father, Lynn Edward Ensley “Lynn”, possession of a firearm during the commission of felonies, and the unlawful handling of an explosive device. For the reasons that follow, we affirm in part, vacate in part, and remand for resentencing.1

Construed to support the verdicts, the evidence showed that Ensley lived with Lynn, a real estate developer, in Lynn’s house. At 11:18 a.m. on October 5, 2009, Ensley called 911 and said that his father had either fallen and hit his head, or had suffered a gunshot wound. Before assistance arrived, Ensley, while still on the 911 call, said that he opened a revolver he found under his father’s hand and that two shots had been fired; he also said that he had tried to stop his father’s bleeding. When law enforcement and medical responders arrived, they found Lynn on his bedroom floor, lying partially over a space heater; a .38 revolver and two cartridges were on the bed. As law enforcement personnel secured the house, a pipe bomb was found in Ensley’s bedroom.

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