Taylor v. State

Robin Taylor fatally shot Jay Basha, who was the manager of the Pizza Hut where she formerly worked. Appellant fled the scene, taking money from the store. The grand jury indicted her for multiple counts stemming from the homicide and robbery. The State originally sought the death penalty, and this Court granted an interim review of several pre-trial rulings. Taylor v. State, 274 Ga. 269 553 SE2d 598 2001. Thereafter, the State withdrew the notice of intent to seek the death penalty, and Appellant pled guilty to a charge of felony murder while in the commission of aggravated assault and to a separate count of armed robbery. After accepting the pleas, the trial court entered judgments of conviction and imposed two life sentences to run consecutively. Appellant appeals, enumerating error only as to the sentences.1

1. Appellant urges that the trial court erred in sentencing her for armed robbery as well as for felony murder. “Only one felony need be merged with the felony murder conviction.” Emphasis in original. Thompson v. State, 263 Ga. 23, 25 2 426 SE2d 895 1993, overruled on other grounds, McClellan v. State, 274 Ga. 819, 821 1 __SE2d__ 2002. Here, aggravated assault was the alleged predicate felony, and only that offense merged into the felony murder as a matter of law.