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Sherrell v. State

Defendant and his co-indictees used firearms to steal automobiles from their owners and shot one of the victims to death.

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A jury found Steve Sherrell guilty of felony murder, aggravated assault, five counts of armed robbery, and six counts of possession of a firearm during the commission of a crime. The trial court correctly recognized that the underlying felony of aggravated assault had “merged, as a matter of law, into the felony murder and that a separate sentence for that underlying felony was not . . . authorized. Cit.” Malcolm v. State, 263 Ga. 369, 372 5 434 SE2d 479 1993. Therefore, the trial court entered judgments of conviction and sentenced Sherrell to life imprisonment on the felony murder count, to consecutive terms of years on the firearm possession counts and two of the armed robbery counts, and to concurrent terms of years on the remaining armed robbery counts. Sherrell appeals pro se.1

1. Construed so as to support the verdict, the evidence shows that, on several occasions, Sherrell and his co-indictees used firearms to steal automobiles from their owners and to shoot one of the victims, resulting in his death. The evidence was sufficient to authorize a rational trier of fact to find Sherrell guilty of the crimes charged beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979; Walker v. State, 271 Ga. 328, 329 1 519 SE2d 670 1999; Chambers v. State, 266 Ga. 39, 40 1 463 SE2d 887 1995.

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