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Evans v. State

Defendant's aggravated assault conviction merged with his conviction for malice murder because the state used the same evidence—defendant's firing five quick shots at the victim during a 12-hour "battle rhyming" session—to prove both crimes.

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Jonathan Lee Evans was convicted by a jury of malice murder and aggravated assault in the shooting death of Robert Storey.1 On appeal, Evans asserts that the evidence was insufficient to support the verdict. We affirm the conviction for malice murder, but because we conclude that Evans did not commit an aggravated assault independent of the act which caused the victim’s death, we vacate the judgment of conviction and sentence for aggravated assault.

Viewed in a light most favorable to the verdict, the evidence shows that Evans and another individual rented an informal recording studio at a tattoo parlor in Dalton, Georgia. During a 12-hour session Evans and Storey engaged in “battle rhyming,” a form of spontaneous free-style music where participants compete with one another by attempting to compose more aggressive rap lyrics. When Evans perceived that he was being disparaged by Storey’s lyrics, Evans drew a pistol and fired five shots at Storey from a range of four to five feet; four of those gunshots resulted in fatal injuries.

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