Marshall v. Georgia
Annotate this CaseTerry Marshall appealed his convictions for the malice murder of Marshal Tucker, the attempted murder of Latonia Patterson, and other related crimes. Marshall contended on appeal that: (1) the trial court improperly sentenced him as a three-time recidivist; (2) the trial court plainly erred by relying on two of his out-of-state convictions in sentencing him as a recidivist; and (3) the trial court committed two merger errors at sentencing. Because the Georgia Supreme Court concluded that the trial court committed several merger errors, it vacated Marshall’s conviction for aggravated assault of one victim. Otherwise, the Court affirmed his convictions.
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