Leeks v. GeorgiaAnnotate this Case
Appellant Carrie Leeks was convicted by a jury of murder and related offenses for the 2006 stabbing death of her husband, Louis Woodall. Appellant appealed the denial of her amended motion for new trial and the grant of the State’s motion to supplement the record. After review, the Supreme Court concluded that the trial court erred with respect to the merger of certain counts for judgment and sentencing: the jury found appellant guilty of felony murder predicated on aggravated assault, felony murder predicated on possession of a knife during the commission of a felony, aggravated assault, and possession of a knife during the commission of aggravated assault. Appellant was sentenced to life imprisonment on the felony murder count predicated on aggravated assault. The court then merged all remaining counts. However, the second felony murder count predicated on possession of a knife during the commission of a felony was vacated by operation of law because the felony murder convictions involved the same victim. As for the underlying felonies, the aggravated assault felony merged into the felony murder charge for which Appellant was sentenced. Because the second felony murder charge was vacated by operation of law, the underlying felony of possession could not have merged into the second felony murder count. Accordingly, Appellant’s sentence was void. The Supreme Court remanded the case for resentencing, but affirmed in all other respects.