A jury found Leviticus Swift guilty of alternative counts of malice and felony murder, kidnapping and aggravated assault. The victim of all three offenses was Deanthony Carter. Concluding that the verdict on the felony murder charge was vacated by operation of law, the trial court sentenced appellant to life imprisonment for malice murder. Malcolm v. State, 263 Ga. 369, 371 4 434 SE2d 479 1993. The trial court imposed a consecutive 20-year term for the kidnapping and a consecutive 10-year term for the aggravated assault. Swift appeals from the judgments of conviction and sentences entered on the jury’s guilty verdicts.1
1. The grand jury indicted Swift, Charles Harris and Larry Burgess for the crimes. After pleading guilty to false imprisonment and aggravated assault, Harris testified for the State at Swift’s and Burgess’ joint trial. During that trial, the prosecution showed that Carter stole drugs belonging to appellant. Angry about the theft, Swift confronted him at gunpoint. With the assistance of Burgess, appellant bound the victim’s hands and ankles with tape. They then put Carter into the trunk of Harris’ car, and Harris drove to a remote area. Swift, Burgess and several others, including Desmond Diaz, followed in another vehicle. Carter was shot twice in the head. According to Diaz, Burgess shot the victim and then gave the gun to appellant who fired the second bullet. Harris testified that Burgess fired once and, almost a minute later, fired again. The medical examiner testified that either shot would have caused death. He also express an opinion that both bullets were fired in rapid succession, the implication being that there was only one shooter. In closing argument, the prosecutor acknowledged the discrepancy between Diaz’s and Harris’ version of the homicide. He told the jury that, based upon the medical examiner’s testimony, the State’s theory was that Burgess fired both shots and, therefore, that Diaz was wrong when he attributed the second shot to Swift. In its jury charge, the trial court instructed on parties to a crime.
