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Coe v. State

Defendant could not be sentenced twice for the murder of the same victim.

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A jury convicted Terry Lynn Coe of two counts of felony murder, one count of armed robbery, and two counts of aggravated assault, in the stabbing death of Shannon Morris and the assault of Michael Hornsby. The trial court sentenced Coe to two concurrent terms of life imprisonment for the two felony murder counts, followed by twenty years of imprisonment for one of the aggravated assault counts. The armed robbery and the remaining aggravated assault counts merged into the felony murder counts. Because there was only one murder victim, Coe was improperly sentenced twice for the same murder. Accordingly, we remand this case for resentencing on one of the two felony murder counts and affirm Coe’s conviction and sentence in all other respects.1

1. On November 18, 1995, Coe and two companions, Jason Dove and Christopher Blackstock, were at the Pink Pony, an Atlanta-area strip club. While there, they met Morris and Hornsby and offered to give them a ride. The group of five agreed to purchase methamphetamine from one of Dove, Coe, and Blackstock’s acquaintances and drove to Gwinnett County to purchase the drugs, stopping along the way at a gas station. While at the gas station, Dove, Coe, and Blackstock discussed robbing Morris and Hornsby. Dove also pretended to call his drug dealer to confirm that the drug dealer wanted to meet Dove, Coe, and Blackstock alone. They then drove to a secluded church parking lot, where Dove, Coe, and Blackstock were going to leave Morris and Hornsby while they went to purchase the drugs.

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