Cloud v. State
Annotate this CaseDefendant appealed his convictions for the malice murder of Rocky Heard, the aggravated assault of Ray Dean Heard, possession of a firearm during the commission of the crime of aggravated assault, affray, and simple battery. The court held that review of the record revealed that the conviction for the aggravated assault of Rocky merged into the malice murder conviction as a matter of law. Accordingly, the separate judgment of conviction and sentence for the aggravated assault of Rocky must be vacated. The court held, however, that the trial court did not clearly err by denying introduction of prior acts of violence by Rocky and Ray Dean against third parties; the trial court did not err in giving the jury instructions; and the trial court did not err in determining that defendant was advised of his right not to testify. Accordingly, the judgment was affirmed in part and vacated in part.
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