Hawkins v. State
| Decision Date | 30 April 1992 |
| Docket Number | No. S92A0312,S92A0312 |
| Citation | 262 Ga. 193,415 S.E.2d 636 |
| Parties | HAWKINS v. The STATE. |
| Court | Georgia Supreme Court |
Lester M. Castellow, Short & Fowler, Moultrie, for Hawkins.
H. Lamar Cole, Dist. Atty., Valdosta, Charles M. Stines, Asst. Dist. Atty., Moultrie, Michael J. Bowers, Atty. Gen. and Susan V. Boleyn, Senior Asst. Atty. Gen., Dept. of Law, Atlanta, for the State.
Robert D. McCullers, Staff Atty., Atlanta.
Sixteen-year-old Shawn Hawkins was convicted of the felony murder of Shontonia Bentley, and the aggravated assault of Nathaniel Yates. The trial court sentenced Hawkins to life imprisonment for the murder, but set aside the conviction for aggravated assault, finding that it merged with the conviction for felony murder. 1 Additionally, Hawkins was convicted of possession of a firearm during the commission of a crime; carrying a gun without a license; carrying a gun to a public gathering; and discharging a firearm near a public street. For these crimes Hawkins was sentenced to a term of years.
The record shows that on May 18, 1991, Nathaniel Yates, Yates' brother, and Hawkins were present at a friend's house. Yates' brother testified that Hawkins asked for a cigarette and was told he could get one from the Yates' car. When the Yates brothers returned to their car, they found $50 missing from the front seat. They located Hawkins and made him remove some of his clothing to determine if he had the money. Nathaniel Yates struck the defendant and demanded his money. Later in the day the Yates brothers saw Hawkins sitting outside a gym with Shontonia Bentley. Nathaniel Yates got out of the car and again demanded his money. There is evidence to show that Nathaniel Yates stuck his finger in Hawkins' face and then slapped him. Hawkins turned, drew a gun, and began firing. One bullet struck and killed Shontonia Bentley, and another injured Nathaniel Yates.
Hawkins testified in his defense that he fired because he feared that the Yates brothers were going to harm him.
1. The evidence is sufficient for a rational trier of fact to have found Hawkins guilty beyond a reasonable doubt of the crimes which he challenges on appeal. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
2. The trial court extensively charged the jury on the law of justification. The trial court's failure to charge the jury in the exact language requested by Hawkins is not a ground for reversal as the charge given covered substantially the principles of the requested charge. Myers v. State, 260 Ga. 412, 413, 395 S.E.2d 811 (1990).
3. (a) Contrary to Hawkins's assertion, his conviction for possession of a firearm during the commission of a felony, OCGA § 16-11-106, does not merge with his conviction for felony murder. Alvin v. State, 253 Ga. 740(1), 325 S.E.2d 143 (1985); Miller v. State, 250 Ga. 436, 298 S.E.2d 509 (1983).
(b) Hawkins was convicted of OCGA § 16-11-103 which makes it a misdemeanor when a person, "without legal justification ... discharges a gun or pistol on or within 50 yards of a public highway or street." He argues that under OCGA §§ 16-1-6 and 16-1-7, this crime merges into his felony murder conviction because both crimes involve proof of the possession and discharge of a firearm.
OCGA § 16-1-6 provides, in part, that one crime is included in another when "[i]t is established by proof of the same or...
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Wellons v. State
...in the sentencing phase. Each principle of law was substantially covered by the court's pattern charges. See Hawkins v. State, 262 Ga. 193, 193, 415 S.E.2d 636 (1992). 23. The trial court did not err in charging the jury that its sentencing verdict had to be unanimous while failing to charg......
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Metcalf v. State
..., 276 Ga. 57, 58-59 (1), 573 S.E.2d 362 (2002) ; Heidler v. State , 273 Ga. 54, 64 (15), 537 S.E.2d 44 (2000) ; Hawkins v. State , 262 Ga. 193, 194 (3) (b), 415 S.E.2d 636 (1992).5 The Supreme Court of Georgia did not address OCGA § 16-1-7 (a) (2) (general/specific conduct) as a potential g......
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Jackson v. State
...for possession of a firearm during the commission of a felony does not merge into his conviction for murder. Hawkins v. State, 262 Ga. 193, 194(3)(a), 415 S.E.2d 636 (1992); Byrd v. State, 261 Ga. 808, 809(2), 411 S.E.2d 709 (1992); Alvin v. State, 253 Ga. 740, 741(1), 325 S.E.2d 143 3. As ......
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Leeks v. State, S14A1370.
...of a knife during the commission of the felony of aggravated assault. See OCGA § 16–11–106(b)(1) and (e) ; Hawkins v. State, 262 Ga. 193(3)(a), 415 S.E.2d 636 (1992). Accordingly, Appellant's sentence is void and we remand for resentencing.Judgment affirmed in part and vacated in part and c......