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CATO v. STATE

S18A0669.

820 S.E.2d 41 (2018)

CATO v. The STATE.

Supreme Court of Georgia.

Decided: October 9, 2018.

Attorney(s) appearing for the Case

Eric J. Taylor , Anna Joseph Kurien , Office of the Public Defender, 100 Peachtree Street NW, Suite 1600, Atlanta, Georgia 30303, for Appellant.

Patricia B. Attaway Burton , Deputy Attorney General, Paula Khristian Smith , Senior Assistant Attorney General, Christopher M. Carr , Attorney General, Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 30334, Paul L. Howard, Jr. , District Attorney, Stephany Julissa Luttrell , A.D.A., Lyndsey Hurst Rudder , Deputy D.A., Fulton County District Attorney's Office, 136 Pryor Street, S.W., 4th Floor, Atlanta, Georgia 30303, for Appellee.

Darron Cato appeals his convictions for felony murder and a firearm offense stemming from the death of T'Shanerka Smith.1 Cato argues that the trial court committed plain error when it instructed the jury on the commission of aggravated assault — the predicate offense for the felony murder charge...

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