Grimes v. State
293 Ga. 559
Ga.2013Background
- On Jan. 26, 2003 Gregory Grimes stabbed and fatally wounded Bobby Greer after obtaining a knife, changing into dark clothing, and saying he intended to rob someone.
- Multiple eyewitnesses saw Grimes attack Greer; one observed Grimes say “you got my money,” throw a bottle, and stab Greer; Greer was later found with a fatal chest wound.
- The knife recovered near the scene contained Greer’s blood; a nearby resident overheard Grimes boast that he had “f*ed him up” and the victim “should be resting in peace by now.”
- Evidence was conflicting as to whether Greer had a gun: gunshot residue on Greer’s hands and Grimes’s statement suggested he was shot at, but no witness saw a gun or heard a shot and no weapon was found on the victim.
- The jury convicted Grimes of felony murder (in the commission of attempted armed robbery) and voluntary manslaughter; the trial court initially sentenced him for both, later vacating the voluntary manslaughter sentence; Grimes appealed.
Issues
| Issue | Plaintiff's Argument (Grimes) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency of the evidence to support felony murder conviction | Evidence of gunshot residue and Grimes’s statement created reasonable doubt about lack of justification/self-defense | Conflicting evidence existed; jury could reject the self-defense theory and credit eyewitnesses and physical evidence tying Grimes to the stabbing | Evidence sufficient to sustain felony murder conviction when viewed in favor of the verdict (Jackson standard) |
| Whether felony murder must merge into voluntary manslaughter under Edge (modified merger rule) | Because jury convicted both, Edge dictates only voluntary manslaughter should stand and felony murder must merge | Under Edge exceptions, the underlying felony (attempted armed robbery) was independent of the killing, so merger does not apply | Edge’s modified merger rule does not apply where underlying felony (armed robbery) is independent; felony murder conviction stands |
| Whether State proved three prior felonies so Grimes is parole-ineligible under OCGA § 17-10-7(c) | No certified prior-conviction records were introduced; thus recidivist status not proven | Grimes did not object to prosecutor’s statement that he had three prior felonies; prosecutorial statement may be used absent objection | No reversible error: prosecutor’s unobjected-to statement sufficed; moreover, the surviving sentence (life for murder) was not pronounced as parole-ineligible and written order does not reflect § 17-10-7(c) ineligibility |
| Alleged erroneous application of OCGA § 17-10-7(a) at sentencing | Trial court applied recidivist sentencing rule | The murder sentence (life) would have been the same regardless because death was not sought | Any error under § 17-10-7(a) was harmless because life imprisonment was the only available sentence |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of the evidence review)
- Edge v. State, 261 Ga. 865 (1992) (modified merger rule for voluntary manslaughter and felony murder)
- Sanders v. State, 281 Ga. 36 (2006) (application of modified merger rule when underlying felony is integral to killing)
- Sims v. State, 265 Ga. 35 (1994) (modified merger rule not applied when underlying felony is independent of the killing)
- Smith v. State, 272 Ga. 874 (2000) (reiteration that armed robbery as underlying felony is independent for merger analysis)
- Moret v. State, 246 Ga. 5 (1980) (prosecutor’s statements may establish prior convictions absent objection)
- Funderburk v. State, 276 Ga. 554 (2003) (construction of OCGA § 17-10-7(c) regarding capital felony exception)