Thomas v. Georgia
Annotate this CaseIn 2009, a grand jury indicted Appellant Lance Thomas, Jr., along with Robert Robinson, James Prothro, and Tony Smith for: (1) malice murder of David Nixon, (2) felony murder of David Nixon (based on aggravated assault with a deadly weapon), (3) malice murder of Michael Cruver, (4) felony murder of Cruver (based on aggravated assault with a deadly weapon), (5) aggravated assault of Reginald Nixon ("Nixon") with a deadly weapon, (6) burglary, (7) aggravated assault of Cruver with intent to rob, and (8) aggravated assault of Nixon with intent to rob. The charges arose from a 2008 home invasion. Robinson pled guilty to the two counts of felony murder; Prothro pled guilty to burglary and aggravated assault; and Smith pled guilty to conspiracy to commit robbery. They all testified for the State at Appellant's trial, where Appellant was found not guilty of the malice murder counts but guilty of all the other charges. On appeal, he contended that the evidence at trial was insufficient to sustain his burglary conviction, that the trial court erred in denying his motions to suppress evidence seized pursuant to a vehicle search and his custodial statement to the police, and that the trial court should have merged several convictions for sentencing. Finding no error, the Supreme Court affirmed.
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