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S10A1552. GARRETT v. THE STATE
State: Georgia
Court: Supreme Court
Docket No: S10A1552
Case Date: 11/22/2010
Preview:Final Copy 288 Ga. 269

S10A1552. GARRETT v. THE STATE. THOMPSON, Justice. Appellant Nakiedrian Tammirrus Garrett was convicted of felony murder and possession of a firearm during the commission of a crime in connection with the shooting death of Darcell Kitchens.1 He appeals, asserting, inter alia, the trial court erred in failing to give a complete charge on parties to a crime. Finding no error, we affirm. 1. Garrett confronted the victim in a bar and accused him of breaking into the home of Garrett's grandmother. Garrett had a gun; he was drunk. The victim suggested that the two men take their argument outside. Garrett and the

The crimes occurred on January 9, 2005. The grand jury indicted Garrett on March 21, 2005, and charged him with malice murder, felony murder, aggravated assault, and possession of a firearm in the commission of a crime. Trial commenced on October 17, 2005. Garrett was convicted of felony murder, aggravated assault and the firearm possession charge; he was sentenced to life for felony murder and five years consecutive for possession of a firearm. Garrett's timely filed motion for a new trial, as amended, was denied on May 11, 2010. Garrett filed a notice of appeal on May 18, 2010. The case was docketed in this Court for the September 2010 term and submitted for decision on briefs.
1

victim left the bar. They continued to argue and began to struggle. Garrett was shorter than the victim. Another (unidentified) man approached them as they struggled. Garrett and the unidentified man started "double teaming" the victim. Garrett pulled out his gun to scare the victim. Two shots were fired in quick succession. One bullet struck the victim in his chest, the other in his back. The victim managed to return to the bar where he fell on the floor and died. Only one bullet
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