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S11A1327. JOHNSON v. THE STATE
State: Georgia
Court: Supreme Court
Docket No: S11A1327
Case Date: 01/23/2012
Preview:Final Copy 290 Ga. 531 S11A1327. JOHNSON v. THE STATE. HINES, Justice. Melvin Lee Johnson appeals from the trial court's denial of his motion in arrest of judgment. For the reasons that follow, we affirm. Johnson was indicted in Randolph County in November 2009 on multiple counts. The case was set for a jury trial, but on September 1, 2010, Johnson entered a negotiated guilty plea to one count of malice murder. On September 3, 2010, per the plea agreement, Johnson was sentenced to life in prison with the possibility of parole for malice murder; the trial court entered an order of nolle prosequi on the remaining counts of the indictment, which were felony murder, aggravated assault, and possession of a firearm during the commission of a crime. On March 7, 2011, Johnson filed his motion in arrest of judgment in the superior court, asserting that the indictment failed to allege venue as to each charge. The motion was denied on March 14, 2011, and as "a trial court's ruling on a motion in arrest of judgment is normally directly appealable to whichever appellate court has subject-matter jurisdiction over the case [cit.]," Lay v. State, 289 Ga. 210, 211 (2) (710 SE2d 141) (2011), Johnson appealed to this Court.

Johnson's motion raised what would be a proper ground for a motion in arrest of judgment. Wright v. State, 277 Ga. 810, 811 (596 SE2d 587) (2004). However, [u]nder OCGA
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