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CANADA v. STATE

No. S02A0446.

562 S.E.2d 508 (2002)

275 Ga. 131

CANADA v. The STATE.

Supreme Court of Georgia.

April 15, 2002.

Attorney(s) appearing for the Case

Rodney H. Bennett, Rossville, for appellant.

Herbert E. Franklin, Jr., Dist. Atty., Chris A. Arnt, Asst. Dist. Atty., Thurbert E. Baker, Atty. Gen., Paula K. Smith, Senior Asst. Atty. Gen., Jill M. Zubler, Asst. Atty. Gen., for appellee.

CARLEY, Justice.

Joe E. Canada was convicted of malice murder, felony murder, aggravated assault, and possession of a knife during the commission of a crime. Correctly treating the felony murder count as surplusage and the aggravated assault count as having merged into the malice murder count, the trial court sentenced Canada to life imprisonment for malice murder and to a consecutive five-year term for possession of a knife. See Malcolm v. State,

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