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BERRY v. STATE

No. S07A0927.

651 S.E.2d 1 (2007)

BERRY v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied September 24, 2007.

Attorney(s) appearing for the Case

Brian Steel, The Steel Law Firm, Atlanta, for Appellant.

Norman Stanley Gunter, Dist. Atty., Charles W. Smegal, Asst. Dist. Atty., Dahlonega, Thurbert E. Baker, Atty. Gen., Elizabeth Anne Harris, Asst. Atty. Gen., Department of Law, Atlanta, for Appellee.

CARLEY, Justice.

A jury found James Berry guilty of felony murder of Nicolas Rotunno during the commission of aggravated assault, and the trial court sentenced him to life imprisonment. Berry filed a motion for new trial and, after the trial court denied that motion, he brought this appeal.*

1. An independent review of the record shows the following: Rotunno was hosting a party at the residence he shared with his brother. An altercation...

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