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Final Copy 287 Ga. 115

S10A0068. McILWAIN v. THE STATE. CARLEY, Presiding Justice.

A jury found Marco Danyel McIlwain guilty of the felony murder of Jimmy Lee West, four counts of aggravated assault, and two counts of possession of a firearm during the commission of a felony. The trial court entered judgments of conviction on the guilty verdicts and sentenced McIlwain to life imprisonment for the murder, concurrent 20-year terms for the aggravated assault counts, and five-year terms for the weapons charges to run concurrent with each other but consecutive to the life sentence. A motion for new trial was denied, and McIlwain appeals.*

The crimes occurred on February 5, 2007, and the grand jury returned an indictment on October 10, 2007. The jury found McIlwain guilty on March 7, 2008, and the trial court entered the judgments of conviction and sentences on April 24, 2008. The motion for new trial was filed prematurely on March 14, 2008, amended on January 21, 2009, and denied on August 4, 2009. McIlwain filed the notice of appeal on August 14, 2009. The case was docketed in this Court on September 10, 2009, and submitted for decision on the briefs.
*

1. Construed most strongly in support of the verdicts, the evidence, including eyewitness testimony, shows that McIlwain and his co-indictees Joseph Smith and Keith Owens were in one vehicle following another vehicle driven by West and also occupied by his fianc

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Georgia Law