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Baines v. State

Defendant's armed robbery conviction did not merge with his malice murder conviction involving the same victim since the evidence established that the murder and armed robbery of that victim were separate and distinct crimes.

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Following a bench trial, John David Baines was convicted of two counts of malice murder, two counts of aggravated assault, armed robbery, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a crime. All convictions stemmed from the robbery and shooting deaths of Walter Jones and Waymon Hulsey.1

On appeal, Baines challenges the sufficiency of the evidence to support the verdicts. Because we conclude that Baines did not commit the two crimes of aggravated assault independent of the acts which caused the deaths of the two victims, we vacate the judgments of conviction and sentences imposed for both aggravated assaults. The remaining judgments of conviction and sentences, however, are affirmed.

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