Background

• On October 18, 2015, Norris Owens (a first-offender probationer) shot and killed Randolph Williamson in an apartment-complex parking lot; Owens had acquired a 9mm handgun about two weeks earlier. Witnesses saw Williamson challenge Owens and pull his hand from his pants; Owens fired two shots, killing Williamson.
• A Fulton County grand jury indicted Owens on multiple counts: malice murder; felony murder (based on aggravated assault); felony murder (based on possession of a firearm by a first-offender probationer); aggravated assault; possession of a firearm during the commission of a felony; and possession of a firearm by a first-offender probationer.
• At trial the jury convicted Owens of voluntary manslaughter (as a lesser-included of malice murder) and convicted on the other counts; the felony-murder verdict based on aggravated assault was later vacated at sentencing.
• The trial court treated the possession-by-probationer count as merged into the related felony-murder count and sentenced Owens to life for felony murder (predicated on possession), concurrent 20 years for aggravated assault, and consecutive 5 years for possession during a felony. The voluntary manslaughter verdict was vacated by operation of law.
• Owens moved for a new trial, which was denied; on appeal he argued the trial court should have merged the felony-murder conviction into the voluntary manslaughter verdict (i.e., sentence for manslaughter). The Georgia Supreme Court affirmed, declining to extend the modified merger rule to possession-by-probationer predicates.

Issues

Key Cases Cited

• Edge v. State, 261 Ga. 865 (1992) (adopted the "modified" merger rule precluding felony murder where the same assault could be mitigated to voluntary manslaughter)
• Griggs v. State, 304 Ga. 806 (2018) (reiterated that Edge does not apply when the underlying felony is independent of the killing; declined to extend Edge)
• Crayton v. State, 298 Ga. 792 (2016) (explained that a voluntary manslaughter verdict can be vacated by operation of law when sentencing occurs on a separate felony-murder conviction)
• Sims v. State, 265 Ga. 35 (1995) (held the modified merger rule inapplicable to felony murder predicated on firearm possession by a convicted felon)
• Sanders v. State, 281 Ga. 36 (2006) (discussed extensions of Edge to other underlying felonies such as aggravated battery and arson)
• Ford v. State, 262 Ga. 602 (1992) (case Owens cited in support of extending merger; Court declined to use it to overturn long-standing precedent)