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McCAIN v. STATE

S16A1546.

794 S.E.2d 58 (2016)

McCAIN v. The STATE.

Supreme Court of Georgia.

Decided: November 21, 2016.

Attorney(s) appearing for the Case

Thomas Dee Wight , P.O. Box 787, Lilburn, Georgia 30048, Margaret Elizabeth Heinen , The Appellate Division — GPDC, 104 Marietta St. NW, Suite 600, Atlanta, Georgia 30303, for Appellant.

Patricia B. Attaway Burton , Deputy Attorney General, Paula Khristian Smith , Senior Assistant Attorney General, Elizabeth Michelle Haase , Assistant Attorney General, Christopher M. Carr , Attorney General, Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 30334, Gary Drew Bergman , Prosecuting Attorney's Council of Georgia, 1590 Adamson Parkway, Fourth Floor, Morrow, Georgia 30260, Oliver Jackson Browning, Jr. , District Attorney, Tallapoosa Judicial Circuit District Attorney's Office, 100 Prior Street, Room 204, Cedartown, Georgia 30125, for Appellee.

Appellant Cleve McCain was convicted of malice murder, possession of a firearm during the commission of a felony and possession of a firearm by a first offender probationer in connection with the shooting death of Whitt "Bobby" Timms.1 The trial court

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