Wallace v. GeorgiaAnnotate this Case
Deron Wallace was tried by jury and convicted of murder, armed robbery, two counts of theft by taking, and unlawful possession of a firearm during the commission of a felony, all in connection with the fatal shooting of Robert Pett. Wallace appealed, contending only that the trial court erred when it rejected his claim of selective prosecution, which he based on the determination of the prosecuting attorney to prosecute one of Wallace’s accomplices for crimes less serious than murder. The Supreme Court reviewed Wallace's arguments on appeal and found no merit in the claim of selective prosecution. The Court did note that the trial court erred at sentencing when it failed to merge the thefts with the armed robbery. Accordingly, the Court vacated the convictions and sentences for theft by taking, but otherwise affirmed.