Solomon v. State
293 Ga. 605
| Ga. | 2013Background
- Appellant Andrew Solomon was convicted of murder and other crimes related to the shooting death of Levy Daniel.
- Daniel, with three friends, encountered Solomon and exchanged gunfire that led to Daniel being shot in the back and killed.
- Daniel initially pulled a gun on Solomon; after apologies, Daniel put the gun away, but Solomon later pointed a gun at Daniel and fired.
- The jury convicted Solomon of malice murder, felony murder, aggravated assault, and possession of a firearm during a crime; felony murder was vacated as a matter of law.
- The trial court sentenced Solomon to life for malice murder, 20 years for aggravated assault (concurrent), and 5 years for the firearm conviction; a new-trial motion followed and was denied in 2012.
- On appeal, the State argues the aggravated assault conviction should merge with the malice murder conviction and that the colloquy with a reluctant witness was not preserved for plain-error review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether aggravated assault merged with malice murder. | Solomon: aggravated assault should merge into murder. | Solomon: improper separate sentencing for merged offense. | Aggravated assault merged; sentence vacated. |
| Whether the trial colloquy with Jarvis Bell is reviewable for plain error. | Solomon: plain-error review applies. | State did not preserve for plain error; barred. | Procedurally barred; no plain-error review. |
Key Cases Cited
- Slaughter v. State, 292 Ga. 573 (2013) (merger reduces multiple convictions when offenses merge factually)
- Ortiz v. State, 291 Ga. 3 (2012) (merger and sentencing concerns in related offenses)
- Durham v. State, 292 Ga. 239 (2012) (plain-error review limitations in non-death-penalty contexts)
- Charleston v. State, 292 Ga. 678 (2013) (procedural bar for unpreserved trial errors)
- Scott v. State, 290 Ga. 883 (2012) (plain-error review standards context)