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Harris v. State

Although the evidence supported defendant's felony murder convictions based on aggravated assault and possession of a firearm by a first offender probationer, defendant could not be sentenced for both counts where he murdered only one person.

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Defendant Reccenta Harris was found guilty of two counts of felony murder in connection with the death of Tracy Bowman, and sentenced to life in prison as to each count.1 He appeals, asserting the evidence was insufficient to sustain his conviction. We disagree and affirm; however, because Harris could be sentenced as to either count of felony murder, but not both, we vacate and remand for resentencing.

1. Construing the evidence in a light to uphold the verdict,2 we find the following: Harris and two friends, Smith and Scott, went out for the evening and stopped at a friend’s house. When Smith got into an altercation with Bowman, Harris convinced Smith to leave.

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