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Final Copy 287 Ga. 210 S10A0603. LEWIS v. THE STATE. Hunstein, Chief Justice. Appellant Aubrey Lewis appeals his conviction of murder and related charges in connection with the shooting death of Patrick Cousins on December 4, 1996. Finding no error, we affirm.1 1. Construed in the light most favorable to the verdict, the evidence adduced at trial established as follows. On December 4, 1996, appellant, a convicted felon, and two accomplices, Gilbert Darby and David Upshaw, drove
Appellant was indicted on May 22, 1997 by a Cobb County grand jury for malice murder, felony murder, two counts of attempted armed robbery, four counts of aggravated assault, possession of a firearm by a convicted felon, and theft by receiving stolen property. Tried before a jury November 10-18, 1997 and convicted on all counts, appellant was sentenced to life imprisonment for the malice murder; ten years for each of the attempted armed robbery counts, concurrent to the life sentence; 20 years for each of the aggravated assault counts, consecutive to the life sentence and to each other; five years consecutive for the possession of a firearm count; and ten years concurrent for the theft by receiving count. The felony murder conviction was vacated by operation of law. See Malcolm v. State, 263 Ga. 369 (4) (434 SE2d 479) (1993). Appellant filed a timely motion for new trial, which was subsequently amended after appointment of new appellate counsel. Following proceedings to compel completion of the trial transcript, the trial court denied the motion for new trial on July 31, 2009. Appellant filed his notice of appeal on August 28, 2009. The appeal was docketed in this Court on January 5, 2010 and was submitted for decision on the briefs on February 15, 2010.
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to a Cobb County apartment complex intending to commit an armed robbery. Upon spotting a group of three potential targets, appellant, armed with a .40 caliber pistol, and Darby, armed with a 9-millimeter gun, exited the car and beckoned the group to "come here." One of the victims fled; appellant and Darby commanded the other two to "lay it down"

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