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S11A1842. POWELL v. THE STATE
State: Georgia
Court: Supreme Court
Docket No: S11A1842
Case Date: 10/17/2011
Preview:Final Copy 289 Ga. 901 S11A1842. POWELL v. THE STATE.

BENHAM, Justice. Appellant Rickey Powell appeals the judgment of conviction entered against him on a number of crimes committed in connection with the murder of Herta Bailey in Muscogee County.1 On appeal Powell challenges only the sufficiency of the evidence presented against him. On September 30, 2009, police received a report from Herta Bailey's family that Mrs. Bailey and her car were missing. That same day, suspicious

The crimes were committed on September 29, 2008, and a warrant for appellant's arrest was issued the same day. Appellant was arrested on September 30, and a Muscogee County grand jury returned a true bill of indictment against appellant 21 months later, charging him with malice murder, felony murder (with aggravated assault as the predicate felony), robbery of car keys by force, theft by taking a motor vehicle, aggravated battery (dousing victim's body with a caustic substance), concealing the death of another, financial transaction card theft, and four counts of financial transaction card fraud (using the victim's credit card that was obtained unlawfully to pay four different outstanding bills). The trial took place November 15-17, 2010, and concluded with the jury's return of guilty verdicts on all counts and the trial court's imposition of sentence. The trial court vacated the malice murder conviction and sentenced appellant to life imprisonment for felony murder; because appellant was a recidivist under OCGA
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