Rice v. State
311 Ga. 620
Ga.2021Background
- Victim Clarence Gardenhire was shot and killed on August 19, 2013; Rice and co-defendant Contevious Stepp‑McCommons were indicted in November 2013 on malice murder, felony murder (predicated on aggravated assault), two counts of aggravated assault, possession of a firearm during the commission of a felony, and criminal attempt to commit armed robbery.
- At the joint trial (Feb. 10–13, 2015) the jury acquitted Rice of malice murder but convicted him of felony murder, two aggravated assaults, possession of a firearm during the commission of a felony, and attempted armed robbery; Rice was sentenced to life without parole plus consecutive terms.
- Key evidence: Rice posted a Craigslist ad to sell a phone and planned a meeting at an abandoned house to “jugg” (rob) the buyer; Rice recruited help, a gun was provided to Stepp‑McCommons, Stepp‑McCommons confronted the buyers and shot Gardenhire, and Rice’s phone was found near the scene. Witnesses and Rice’s statements (including an admission he planned it and left the state) tied Rice to the scheme.
- At trial the court gave a single‑witness instruction but did not give an accomplice‑corroboration instruction; the State later conceded that omission was error. Rice raised the omission and a merger claim in amended motions for new trial.
- The Supreme Court of Georgia affirmed Rice’s convictions (finding no plain error from the omitted accomplice charge because independent evidence was substantial) but vacated Rice’s aggravated‑assault conviction and sentence as it should have merged with attempted armed robbery.
Issues
| Issue | Rice's Argument | State's Argument | Held |
|---|---|---|---|
| Omission of accomplice‑corroboration charge | Trial court plainly erred by failing to instruct that accomplice testimony requires corroboration; Barker and Stepp‑McCommons were accomplices and their testimony supported Rice’s planning role | State conceded instructional error but argued it was harmless because there was substantial independent evidence tying Rice to the crimes | Error to omit the charge was clear, but not plain error — omission likely did not affect outcome given substantial independent and mutually corroborating evidence; convictions affirmed |
| Merger of aggravated assault into attempt to commit armed robbery | Aggravated assault conviction should merge into his attempted armed robbery conviction for sentencing | State conceded merger was appropriate at motion hearing | Court vacated Rice’s aggravated‑assault conviction and sentence and ordered merger for sentencing |
Key Cases Cited
- Stepp‑McCommons v. State, 309 Ga. 400 (845 SE2d 643) (related co‑defendant decision and factual background)
- Walter v. State, 304 Ga. 760 (822 SE2d 266) (accomplice‑corroboration instruction requirement)
- Doyle v. State, 307 Ga. 613 (discussing when failure to give accomplice charge is plain error)
- Johnson v. State, 305 Ga. 237 (824 SE2d 317) (accomplice instruction precedent)
- Stanbury v. State, 299 Ga. 125 (786 SE2d 672) (omission of accomplice charge can be reversible where accomplice testimony is sole identifying evidence)
- Hill v. State, 310 Ga. 180 (850 SE2d 110) (plain‑error standard for jury instructions)
- Hawkins v. State, 304 Ga. 299 (818 SE2d 513) (harmlessness where substantial independent evidence exists)
- Hamm v. State, 294 Ga. 791 (756 SE2d 507) (refusal to give accomplice charge harmless when defendant admitted involvement and independent evidence connected him)
- Reeves v. State, 309 Ga. 645 (847 SE2d 551) (merger principles for related convictions)