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SIMPSON v. STATE

S17A1352.

808 S.E.2d 718 (2017)

SIMPSON v. The STATE.

Supreme Court of Georgia.

Decided: December 11, 2017.

Attorney(s) appearing for the Case

Tyler R. Conklin , GEORGIA PUBLIC DEFENDER COUNCIL, 104 Marietta Street, Suite 600, Atlanta, Georgia 30303, for Appellant.

Patricia B. Attaway Burton , Deputy Attorney General, Paula Khristian Smith , Senior Assistant Attorney General, Christopher M. Carr , Attorney General, Michael Alexander Oldham , Assistant Attorney General, DEPARTMENT OF LAW, 40 Capitol Square, S.W., Atlanta, Georgia 30334, Deborah D. Wellborn , A.D.A., Zina B. Gumbs , A.D.A., Sherry Boston , District Attorney, DEKALB COUNTY DISTRICT ATTORNEY'S OFFICE, 556 North McDonough Street, Decatur, Georgia 30030, for Appellee.

Carlo Simpson was convicted of felony murder and other crimes in relation to the shooting death of Shakhira Dunson.1 Simpson appeals and argues that the trial court plainly erred in instructing the jury on a method of committing aggravated assault that was not alleged in the indictment. Because the...

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