Slack v. State

The defendant's felony murder conviction was vacated by operation of law, while the charge and verdict for aggravated assault merged as a matter of fact into his conviction and sentence for malice murder.

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Jonathan Slack appeals his convictions for malice murder, possession of a firearm during the commission of a crime, and possession of a firearm by a felon and first offender in connection with the fatal shooting of Travis Scott. Slack’s challenge is premised upon alleged error in the trial court’s finding of merger of certain offenses for which he was found guilty but not sentenced and upon the claim that trial counsel was ineffective. Finding the challenge to be wholly without merit, we affirm.1 The evidence construed in favor of the verdicts and the bench judgment of guilt showed the following. On the evening of September 10, 2007, Slack and Scott and a group of other persons were at the apartment of Valerie Robinson, Slack’s girlfriend and with whom he was living. Most of the group, including Slack and Scott, were drinking alcohol, smoking marijuana, and “popping” the drug ecstacy. Slack was seen with an Intertech nine millimeter pistol, referred to in slang as a “Tech-9.” After playing a card game, Slack and others went into the kitchen; Scott followed shortly thereafter and poured himself some juice. Slack “shook his head, no, twice” and then drew the Tech-9 and shot Scott in the head, fatally wounding him. Roberts witnessed the shooting, and as he tried to flee the apartment, Slack shot him in the leg. Roberts heard two or three more shots and turned around to see Slack pointing the handgun at him; Roberts “balled up,” hoping that Slack would think that he was dead. Slack fled the scene.

All the bullets fired at the scene, including the one that killed Scott, were fired from a 9 millimeter pistol, the same caliber as a Tech-9.

Slack v. State

The defendant's felony murder conviction was vacated by operation of law, while the charge and verdict for aggravated assault merged as a matter of fact into his conviction and sentence for malice murder.

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