Brooks v. Georgia
Annotate this CaseDeontae Tremayne Brooks was convicted of malice murder, aggravated assault, and possession of a firearm by a convicted felon, in connection with the shooting death of Branden “Big B” Tinch and the aggravated assault of Lenard Gay. Brooks was sentenced to life without the possibility of parole. He appealed, arguing: (1) the insufficiency of the evidence to support his conviction under OCGA 16-11-133 (b); (2) ineffective assistance of counsel; and (3) trial court error in failing to grant his motion for mistrial. After review, the Georgia Supreme Court reversed Brooks’ conviction under OCGA § 16-11-133 (b), affirmed his convictions for malice murder and the aggravated assault of Gay, and remanded the case to the trial court with direction to enter a judgment of conviction and sentence on the guilty verdicts for possession of a firearm during the commission of a felony and possession of a firearm by a convicted felon under OCGA 16-11- 131, which the trial court originally merged into the conviction under OCGA 16-11-133 (b).
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