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COLLIER v. STATE

No. S05A1958.

625 S.E.2d 757 (2006)

280 Ga. 148

COLLIER v. The STATE.

Supreme Court of Georgia.

January 17, 2006.

Attorney(s) appearing for the Case

Patrick G. Longhi, Atlanta, for Appellant.

Paul L. Howard, Jr., Dist. Atty., Bettieanne C. Hart, Asst. Dist. Atty., Thurbert E. Baker, Atty. Gen., Robin Joy Leigh, Asst. Atty. Gen., for Appellee.

MELTON, Justice.

Bennie Collier was convicted of malice murder, felony murder while in the commission of an aggravated assault, and possession of a firearm by a convicted felon in the shooting death of Christopher Lewis. The trial court properly treated the felony murder count as surplusage and the aggravated assault count as having merged in the malice murder charge, see Malcolm v. State, 263 Ga. 369, 434 S...

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