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S10A0566. THOMPSON v. THE STATE
State: Georgia
Court: Supreme Court
Docket No: S10A0566
Case Date: 03/29/2010
Preview:Final Copy 286 Ga. 889 S10A0566. THOMPSON v. THE STATE. Carley, Presiding Justice.

A jury found Carl Thompson guilty of felony murder, armed robbery, and possession of a firearm during the commission of a crime. The trial court entered judgments of conviction and sentenced Thompson to life imprisonment for the felony murder and to a consecutive five-year term for the firearm offense. The armed robbery merged with the felony murder conviction. Thompson appeals after the denial of a motion for new trial.* 1. Construed most strongly in support of the verdicts, the evidence shows

*The crimes occurred on November 27, 2007, and the grand jury returned the indictment on March 10, 2008. The jury found Thompson guilty on October 2, 2008, and the trial court entered judgment on October 28, 2008. Thompson filed a motion for new trial on November 19, 2008. An amended motion for new trial was filed on August 20, 2009, and was denied on September 10, 2009. A second amended motion for new trial was filed on September 16, 2009, and was dismissed on September 24, 2009. An extension of time to file the notice of appeal was granted on October 8, 2009, and the notice of appeal was filed on November 6, 2009. The case was docketed in this Court on December 15, 2009, and oral argument was held on March 9, 2010.

that Thompson and others arranged to buy marijuana from the victim, James Avery. When they met at the site of the drug deal, Thompson shot and killed Avery, and stole the marijuana. The evidence was sufficient for a rational trier of fact to find Thompson guilty beyond a reasonable doubt of the crimes for which he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2. Thompson contends that the armed robbery count of the indictment is defective because it fails to allege the essential element that the property taken was the "property of another." OCGA
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