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Wilson v. State

The trial court's error in charging on intent to kill from the use of a deadly weapon did not mandate a retrial for felony murder.

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Saleem Ahmed Wilson was convicted by a jury of malice murder, felony murder with the underlying felony of aggravated assault, and aggravated assault in connection with the stabbing death of Donnell Thomas.1 He was initially sentenced to life imprisonment for malice murder and the trial court merged the two remaining offenses. On motion for new trial, however, the malice murder conviction was vacated and placed on the dead docket due to harmful error in the jury charge. The trial court resentenced Wilson to a life term for felony murder. On appeal, Wilson asserts that the same erroneous jury instruction mandates that his felony murder conviction be vacated as well. We disagree and affirm his conviction for felony murder.

The evidence established that on the day prior to the stabbing, Wilson had argued with and beaten his girlfriend, Latanya Sterling, because he believed she was also dating Thomas. The next afternoon, Thomas drove to Sterling’s home where he encountered Wilson in the front yard. The two men engaged in a fight during which Wilson fatally stabbed the victim in the chest. He then sped away in Thomas’ car. Sterling and two bystanders observed the altercation and saw Wilson flee the scene. Shortly thereafter, Wilson telephoned Thomas’ employer and claimed he had “beat him up,” and that Thomas “would be in the hospital.”

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