Hawkins v. Georgia
Annotate this CaseQuintavius Hawkins was convicted of felony murder (predicated on criminal attempt to commit armed robbery) in connection with the death of Clayton Smith, criminal attempt to commit armed robbery, and possession of a firearm during commission of a felony. On appeal, Hawkins contended: (1) he received ineffective assistance of trial counsel; (2) the trial court erred in finding that his third amended motion for new trial was untimely; and (3) the trial court erred in denying him an opportunity to present evidence in support of his third amended motion for new trial. Although the Georgia Supreme Court found no merit in these claims, the record revealed the trial court erred when it imposed sentence on both the felony murder and the predicate offense of criminal attempt to commit armed robbery, which offense merged with the felony murder for sentencing. Accordingly, the Supreme Court vacated Hawkins’s conviction for criminal attempt to commit armed robbery, and affirmed in all other respects.
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