Farris v. State
Annotate this CaseDefendant was convicted and sentenced for malice murder and armed robbery, assault of the victim with intent to rob, the aggravated assault of the victim by shooting him with a deadly weapon, and for being in possession of a firearm during the commission of a felony. Defendant appealed. The court held that there was sufficient evidence to authorize a rational trier of fact to find defendant guilty of malice murder and armed robbery. However, the conviction and sentence for aggravated assault with intent to rob must be vacated because it merged into the armed robbery conviction, and the conviction and sentence for aggravated assault by using a deadly weapon to shoot the victim must be vacated because it merged as a matter of fact into the malice murder conviction. The court also held that the trial court's findings of facts were not clearly erroneous and the trial court did not err in refusing to suppress defendant's custodial statements. The court further held that defendant did not overcome the strong presumption that trial counsel's conduct fell within the wide range of reasonable professional assistance and therefore, the trial court did not err when it concluded that defendant did not establish ineffective assistance of counsel.
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