McCloud v. State
| Citation | 670 S.E.2d 784,284 Ga. 665 |
| Decision Date | 17 November 2008 |
| Docket Number | No. S08A1666.,S08A1666. |
| Parties | McCLOUD v. The STATE. |
| Court | Supreme Court of Georgia |
Carl P. Greenberg, Atlanta, for appellant.
Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Assistant District Attorney, Thurbert E. Baker, Attorney General, Mary N. Kimmey, Assistant Attorney General, for appellee.
A jury found Edward McCloud guilty of malice murder, felony murder, two counts of aggravated assault, theft by taking an automobile and financial transaction card theft. The felony murder verdict stood vacated by operation of law, and the trial court merged one of the aggravated assault counts into the malice murder. See Malcolm v. State, 263 Ga. 369, 434 S.E.2d 479 (1993). The trial court entered judgments of conviction on the remaining counts, sentenced McCloud to life imprisonment for the murder, and also imposed consecutive sentences of twenty years for the other aggravated assault, ten years for the automobile theft, and three years for the financial transaction card theft. The trial court granted an out-of-time appeal and subsequently denied a motion for new trial. McCloud appeals.*
1. Construed most strongly in support of the verdicts, the evidence shows that McCloud and Joseph Hall, Jr. attacked David Cook in his condominium. McCloud and Hall beat Cook, strangled him, bound his hands and feet, tied a pillowcase and towel around his head, cut him with sharp objects, and fatally stabbed his neck and torso. McCloud and Hall then stole Cook's wallet and car, and drove to Alabama, using Cook's credit card on the trip. This evidence was sufficient for a rational trier of fact to find McCloud guilty of malice murder and the other charged offenses beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
2. McCloud contends that the trial court erred in giving a sequential charge on malice murder, felony murder and voluntary manslaughter in violation of Edge v. State, 261 Ga. 865, 414 S.E.2d 463 (1992). Bellamy v. State, 272 Ga. 157, 160(6), 527 S.E.2d 867 (2000).
3. McCloud claims that the trial court should have merged the aggravated assault for which he was sentenced into the malice murder. Waits v. State, 282 Ga. 1, 4(2), 644 S.E.2d 127 (2007). Here, the same conduct of McCloud does not establish the commission of both the aggravated...
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Jones v. State
...not apply unless “the same conduct” of the accused establishes the commission of multiple crimes. (Cits.)’ [Cit.]” McCloud v. State, 284 Ga. 665, 666(3), 670 S.E.2d 784 (2008). As the aggravated assault involved different conduct from the kidnapping and was completed prior thereto, it is ab......
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Bell v. State
...284 Ga. 540, 668 S.E.2d 711 (2008) (aggravated assault conviction merged with malice murder conviction). Compare McCloud v. State, 284 Ga. 665, 666(3), 670 S.E.2d 784 (2008) (charges did not merge where aggravated assault was established by evidence the victim was beaten and strangled and m......
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Kersey v. Williamson, S08A1389.
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Hall v. State
...victim by stabbing his body. Because the two crimes are not established by the same conduct, there is no merger. See McCloud v. State, 284 Ga. 665(3), 670 S.E.2d 784 (2008); Davis v. State, 281 Ga. 871, 873(2), 644 S.E.2d 113 Judgment affirmed. All the Justices concur. 1. The victim David C......