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In the Supreme Court of Georgia

Decided: March 1, 2010

S09P1745. STINSKI v. THE STATE.

THOMPSON, Justice. A jury convicted Darryl Scott Stinski of murdering Susan and Kimberly Pittman and related crimes.1 After finding multiple statutory aggravating

Stinski committed the crimes on April 10-12, 2002. He was indicted by a Chatham County grand jury on June 5, 2002, on two counts of malice murder, two counts of burglary, two counts of arson in the first degree, five counts of entering an automobile, one count of cruelty to children in the first degree, and one count of possession of a controlled substance with intent to distribute. The State filed written notice of its intent to seek the death penalty on June 17, 2002. This Court considered certain pretrial issues on interim review. Stinski v. State, 281 Ga. 783 (642 SE2d 1) (2007). The trial began with jury selection on May 24, 2007. On June 8, 2007, the jury convicted Stinski on all 13 counts that had been charged in the indictment and on lesser-included counts of felony murder. On June 12, 2007, the jury recommended a death sentence for each of the murders. The trial court imposed two death sentences for the malice murders and properly treated the felony murder convictions as mere surplusage. See Malcolm v. State, 263 Ga. 369, 371-372 (4) (434 SE2d 479) (1993); OCGA

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Georgia Law