Carter v. State
299 Ga. 1
Ga.2016Background
- On July 11, 2013, Dequavious Reed was found shot to death in his apartment; cash and marijuana were taken from his person. Appellant Claron Carter was indicted for malice murder, two counts of felony murder (predicated on burglary and armed robbery), armed robbery, and burglary.
- Trial evidence showed Carter and two brothers entered the victim’s apartment under the pretense of buying drugs, Carter shot the victim, rifled his pockets, and stole money and drugs.
- A recorded statement to a friend (Jayvias Lott) included admissions that Carter shot the victim twice and complained about getting only money and marijuana; Carter testified he acted in self-defense.
- A jury convicted Carter on all counts after a March 2015 trial; the trial court sentenced Carter to life without parole on the malice murder count and declined to impose separate sentences on other counts, concluding they merged.
- Carter appealed, arguing insufficient evidence. The Supreme Court of Georgia reviewed sufficiency and identified a sentencing error concerning merger and vacated parts of the sentencing order, remanding for proper sentencing on remaining counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support convictions | State: evidence (admission, scene, theft) supports convictions beyond reasonable doubt | Carter: shot in self-defense; recorded witness unreliable | Held: Evidence sufficient to support convictions; jury could reject self-defense and assess credibility |
| Whether felony murder counts merge into malice murder for sentencing | State: trial court treated felony murder counts as merged into malice murder | Carter: trial court merged counts; no separate sentences needed | Held: Felony murder counts do not merge into malice murder; they are vacated by operation of law under Malcolm, so trial court erred in treating them as merged into malice murder |
| Whether armed robbery and burglary merged into felony murder counts (affecting sentencing) | State: trial court merged armed robbery and burglary into felony murder counts and imposed no separate sentences | Carter: relied on trial court merger to avoid additional sentences | Held: Because felony murder counts were vacated, there were no felony murder counts into which the underlying felonies could merge; no sentences yet imposed on armed robbery and burglary and trial court must resentence those counts |
| Credibility of accomplice/informant testimony (Lott) | State: Lott's recorded testimony and statements support convictions | Carter: Lott is a “professional criminal” and not credible | Held: Credibility issues are for the jury; court declined to overturn convictions on this basis |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency review)
- Malcolm v. State, 263 Ga. 369 (vacatur of felony murder counts when malice murder conviction is entered)
- Hoffler v. State, 292 Ga. 537 (credibility determinations for jury)
- Hampton v. State, 272 Ga. 284 (jury’s role in resolving witness credibility)
- Mills v. State, 287 Ga. 828 (discussion of merger principles)
- Hulett v. State, 296 Ga. 49 (procedure on remand for proper sentencing)