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HOLMES v. STATE

No. S99A0337.

516 S.E.2d 61 (1999)

271 Ga. 138

HOLMES v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied May 28, 1999.

Attorney(s) appearing for the Case

Alan J. Baverman, Atlanta, for Dornell Fabrian Holmes.

Patrick H. Head, District Attorney, Debra H. Bernes, Joel C. Pugh, Nancy I. Jordan, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Frank A. Ilardi, Assistant Attorney General, for the State.

CARLEY, Justice.

Dornell Fabrian Holmes and Michael Rhodes were tried jointly before a jury. Rhodes was acquitted, but Holmes was found guilty of the felony and malice murder of Dushun Hoggro, and the commission of an aggravated assault upon Troy Edwards. Since the felony murder verdict was vacated by operation of OCGA § 16-1-7, the trial court properly entered a judgment of conviction only on the malice murder and aggravated assault verdicts. Lowe v. State...

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