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SMITH v. STATE

S16A1766.

796 S.E.2d 671 (2017)

SMITH v. The STATE.

Supreme Court of Georgia.

Decided: February 6, 2017.

Attorney(s) appearing for the Case

Kenneth Wayne Sheppard , Kenneth W. Sheppard, P.C., 2182 Jane Court, Smyrna, Georgia 30080, for Appellant.

Patricia B. Attaway Burton , Deputy Attorney General, Paula Khristian Smith , Senior Assistant Attorney General, Samuel S. Olens , Attorney General, Jason Matthew Rea , Assistant Attorney General, Ashleigh Dene Headrick , Department of Law, 40 Capitol Square S.W., Atlanta, Georgia 30334-1300, Paul L. Howard, Jr. , District Attorney, Marc A. Mallon , Senior A.D.A., Fulton County District Attorney's Office, 136 Pryor Street, S.W., 4th Floor, Atlanta, Georgia 30303, Paige Reese Whitaker , Deputy D.A., Fulton County District Attorney's Office, 136 Pryor Street, N.W., 3rd Floor, Atlanta, Georgia 30303, for Appellee.

Appellant Roderick Smith was convicted of malice murder and other offenses arising out of the shooting death of his girlfriend, Sherita Dunham. Smith appeals his conviction and sentence and the order denying his motion for new trial.1 We affirm the convictions, but remand for re-sentencing.

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