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WHITAKER v. STATE

No. S02A1103.

570 S.E.2d 317 (2002)

275 Ga. 521

WHITAKER v. The STATE.

Supreme Court of Georgia.

September 30, 2002.

Attorney(s) appearing for the Case

Amy H. Bogartz, Norcross, for appellant.

Paul L. Howard, Jr., Dist. Atty., Bettieanne C. Hart, Peggy R. Katz, Asst. Dist. Attys., Thurbert E. Baker, Atty. Gen., Tammie J. Philbrick, Asst. Atty. Gen., for appellee.

THOMPSON, Justice.

Roosevelt Whitaker and Dove Smith were charged in a nine-count indictment resulting from the shooting death of Montavious Johnson and the aggravated assault of Cinwon Whitehead. Whitaker was tried separately and ultimately found guilty of felony murder, two counts of aggravated assault, and possession of a firearm during the commission of a felony.1 On appeal, Whitaker challenges several

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