Soilberry v. State
Annotate this CaseDefendant was convicted of malice murder, felony murder, aggravated assault, and aggravated battery for the death of his girlfriend's three-year-old child. Defendant appealed, contending, among other things, that the evidence was insufficient to support the verdict. The court held that the evidence was amply sufficient to enable the jurors to find defendant guilty of the crimes for which he was convicted beyond a reasonable doubt. The court also held that defendant's initial statements to police that the child went into distress while he was mopping in another room and his statements made after receiving Miranda warnings that he beat the child after the child soiled himself were admissible. The court held, however, that the trial court erred by failing to merge defendant's conviction for aggravated battery based on the fracture of the child's rib into his conviction for murder. As a result, defendant's sentence must be vacated and remanded for resentencing.
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