Norris v. State, 289 Ga. 154

Norris and Armour were tried jointly and convicted of felony murder, underlying aggravated assault, and possession of a firearm during the commission of a felony; Armour also convicted of malice murder.
The trial court sentenced Norris to life imprisonment for murder and, in writing, also to life for the weapons offense, though orally the court stated a consecutive five-year term for the weapons charge.
The victim was a 16-year-old bystander killed during a shootout that occurred after Norris and Armour pursued Montrez Jones across a street.
On appeal Norris challenges (i) the weapons conviction sentencing as exceeding the statutory maximum, (ii) the denial of a continuance for discovery violations, (iii) exclusion of testimony about a missing letter under the best evidence rule, and (iv) severance for joint trial.
The court vacates the life sentence for the weapons offense and remands for resentencing; other issues are addressed on the merits.
Key procedural notes: Norris opted into reciprocal discovery; the State amended its witness list from two to forty-seven, raising untimely disclosure concerns.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the weapon offense sentence within statutory limits?	Norris argues the weapon sentence exceeded the statutory maximum.	State contends the written sentence should control and is proper under the record.	Sentence for weapon offense must be vacated; remanded for resentencing.
Did the trial court abuse its discretion on continuance for discovery violations?	Norris claims denial of continuance prejudiced defense due to untimely witness list.	State contends no abuse; the court fashioned remedies and interviews were possible.	No abuse of discretion; any error harmless.
Was Norris' mother's testimony about a missing letter properly excluded under the best evidence rule?	Exclusion deprived Norris of relevant inculpatory evidence.	Letter not properly authenticated; handwriting not proven; best evidence rule applies.	Exclusion harmless; other admissible evidence supported the fact.
Was severance proper for joint trial with Armour?	Joint trial could prejudice Norris by preventing favorable separate testimony.	Armour testified in a manner favorable to Norris; no showing of harm would justify severance.	No reversible error; no demonstrated harm from joint trial.

Jackson v. Virginia, 443 U.S. 307 (1981) (sufficiency review standard)
McKee v. State, 277 Ga. 577 (2004) (sufficiency/factual review in Georgia)
Tesfaye v. State, 275 Ga. 439 (2002) (statutory constraints on sentencing)
McLarty v. State, 238 Ga. App. 27 (1999) (witness list and discovery rules)
Rose v. State, 275 Ga. 214 (2002) (purpose of witness list rule; lack of surprise)
Johnson v. State, 241 Ga. App. 448 (1999) (discovery timing and interview opportunities)
Taylor v. State, 305 Ga. App. 748 (2010) (continuance remedies under OCGA § 17-16-6)
Luker v. State, 291 Ga. App. 434 (2008) (continuance and prejudice considerations)
Dunagan v. State, 286 Ga. App. 668 (2007) (trial continuation discretion and harmless error)
Collier v. State, 288 Ga. 756 (2011) (ineffective assistance and procedural waivers)
Howard v. State, 288 Ga. 741 (2011) (ineffective assistance and trial procedure)
Clark v. State, 271 Ga. 6 (1999) (best evidence rule authentication)
Quick v. State, 256 Ga. 780 (1987) (handwriting authentication standards)
Cannon v. State, 288 Ga. 225 (2010) (harmless error and evidentiary rulings)
Nix v. State, 280 Ga. 141 (2006) (harmless error doctrine in evidentiary suppression)