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S10A1089. JENNINGS v. THE STATE
State: Georgia
Court: Supreme Court
Docket No: S10A1089
Case Date: 11/01/2010
Preview:Final Copy 288 Ga. 120

S10A1089. JENNINGS v. THE STATE. MELTON, Justice. Following a jury trial, Samuel Jennings was convicted of malice murder and concealing the death of another person in connection with the shooting death of Sean Craven.1 On appeal Jennings contends, among other things, that the trial court erred in charging the jury on parties to a crime; that the trial court erred with respect to certain evidentiary matters; and that his trial counsel was ineffective. For the reasons that follow, we affirm. On August 24, 2006, Jennings was indicted for malice murder, two counts of felony murder (with aggravated assault and possession of a firearm by a convicted felon as the underlying felonies), aggravated assault, possession of a firearm by a convicted felon, and concealing the death of another person. Following a January 8-12, 2007 jury trial, Jennings was found guilty on all charges. On January 12, 2007, Jennings was sentenced to life imprisonment for malice murder, plus five years consecutive for concealing the death of another person. The felony murder counts were vacated by operation of law, Malcolm v. State, 263 Ga. 369 (4) (434 SE2d 479) (1993), and the remaining charges were merged into the malice murder count for sentencing purposes. Jennings filed a motion for new trial on January 16, 2007, which he amended on September 25, 2007, and July 25, 2008. The motion was denied on February 12, 2010. Jennings' timely appeal was docketed in this Court for the April 2010 Term, and submitted for decision on the briefs.
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1. Viewed in the light most favorable to the jury's verdict, the record reveals that, after Craven and Jennings, a convicted felon, exchanged several phone calls on February 12, 2003, Craven went to Covington Walk Apartments to record some music. Jennings was a rap music producer, and Craven had gone to Jennings' apartment in the past to record music. Craven did not return home on the night of February 12, 2003, and his mother filed a missing persons report. On February 23, 2003, Craven's girlfriend and Craven's mother found Craven's car at Covington Walk Apartments. On April 22, 2003, two apartment maintenance workers found Craven's badly decomposed body
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