Jenkins v. Georgia
Annotate this CaseClarence Jenkins Jr. appealed his convictions and sentences for felony murder, possession of a firearm during the commission of aggravated assault, and possession of a firearm during the commission of aggravated battery, all in connection with the shooting death of his 22-year-old son, Chavarious Jenkins (“Chavarious”). The Georgia Supreme Court’s review of the record revealed Jenkins received a sentence of five years in prison for the crime of possession of a firearm during the commission of aggravated assault, as well as a sentence of five years in prison for the crime of possession of a firearm during the commission of aggravated battery. But, the underlying crimes for each possession charge were committed on the same victim, as part of the same fatal encounter, and the possession charges thus merged with each other. Consequently, the case must had to be remanded so that Jenkins could be resentenced on only one of the possession counts, in the discretion of the trial court.
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