A jury found Tyrone Roberts guilty on alternative counts of malice murder and felony murder, as well as on six counts of aggravated assault with a deadly weapon. The trial court correctly treated the felony murder verdict as surplusage, and merged one of the aggravated assault counts into the malice murder. Malcolm v. State, 263 Ga. 369, 371-374 4, 5 434 SE2d 479 1993. The trial court entered judgment on the other guilty verdicts and sentenced Roberts to life imprisonment for malice murder, a consecutive 20-year term on one of the aggravated assault counts, and concurrent 20-year terms on the remaining counts. A motion for new trial was denied, and he appeals.1 One of his co-indictees, David Michael Johnson, was tried separately and also convicted of malice murder and aggravated assault, and this Court affirmed those convictions. Johnson v. State, 275 Ga. 630 __SE2d__ 2002.
1. Construed in support of the verdicts, the evidence shows that an automobile stopped in front of a barber shop in Atlanta, and four or five men exited the vehicle. Roberts, who was wearing a red jersey with an number “1″ on the front, stationed himself outside in front of the glass window. Three other men went into the shop to confront the owner about money he supposedly owed them. When a customer went outside to collect her five-year-old son, Appellant put a gun in her face and asked where she was going. The murder victim, a barber, distracted Roberts’ attention away from the customer and her son, and began to run across the street. Eyewitnesses saw Appellant standing by the door of the barber shop shooting repeatedly at the murder victim, who died from his wounds. Roberts also fired three shots into the store. When he was arrested, the police recovered a nine-millimeter Glock pistol which had fired a bullet found near the body of the murder victim. The evidence was sufficient to enable a rational trier of fact to find Appellant guilty beyond a reasonable doubt of all crimes for which he was convicted. Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979; Johnson v. State, supra at 631 1.
