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Jackson v. State

The defendant's aggravated battery conviction merged into his malice murder conviction since both crimes required the state to prove that the defendant maliciously shot the victim in the forehead with a gun.

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Dequinton Bernard Jackson was convicted of malice murder, feticide, armed robbery, aggravated battery, and participation in criminal gang activity by a person under 18 years of age, in connection with the death of Wendy Hearn. For the reasons that follow, we affirm in part and vacate in part.1

Hearn was killed by a gunshot wound to the head while working at a dry cleaning store. She was eight months pregnant and her unborn child also died as a result of the shooting. There was a pair of blood splattered shorts hanging by the cash register that had Jackson’s name and telephone number on the attached ticket. Investigators questioned Jackson, then fourteen years of age, in the presence of his uncle at his grandfather’s house, where Jackson resided. The uncle gave his consent to a search of the house, except for the grandfather’s bedroom; the grandfather was not present. Jackson gave a written statement explaining that he had been to the cleaners to retrieve the shorts, but they were not ready yet. At an investigator’s request, Jackson agreed to have his hands wiped for a gunshot residue test and stated that he had been target practicing earlier. The test was to be done at the crime scene and an officer accompanied Jackson up the stairs to get his shoes. The officer advised him to make sure everything he told them was the truth, which was repeated by lead investigator Major Jordan. Jackson then stated that he was at the cleaners with “a dude named Jack,” and “I did it with a dude named Jack.”

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