306 Ga. 169
Ga.2019Background
- Johnathan Anthony and Jekari Strozier were convicted by a jury of multiple offenses, including felony murder (Count 4) and various related counts (Counts 1-13).
- On appeal, this Court affirmed only the Count 4 felony murder conviction (predicated on unlawful participation in criminal gang activity via simple battery) and held several other convictions either merged, vacated by operation of law, or reversed (including vacating other felony-murder counts and reversing Count 11 for insufficiency).
- The Supreme Court explained that aggravated assault/aggravated battery predicate counts merged into the simple battery predicate, which in turn merged into Count 4; the Court did not remand for resentencing.
- Upon return of the remittiturs, the trial court, at the prosecutor’s urging, entered amended sentences imposing punishment on counts the Supreme Court had vacated or held merged (e.g., sentencing for an aggravated-battery-based felony murder and aggravated battery criminal-gang-count).
- The appellants (and the State conceded) argued those amended sentencing orders violated Georgia’s law of the case rule, which binds lower courts to the Supreme Court’s holdings in the same case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court could enter amended sentences on convictions the Supreme Court vacated or merged | Anthony/Strozier: trial court lacked authority; amended sentences violate law of the case | State: urged resentencing on vacated/merged counts | Court: Amended sentencing orders are nullities; trial court precluded by law of the case rule |
| Whether the previously reviewed sentences on Count 4 remain in effect despite trial court’s amended orders | Anthony/Strozier: Count 4 sentence should remain; no remand authorized | State: implicitly sought to alter sentencing post-opinion | Court: Sentences as to Count 4 remain in effect; trial court could not supersede Supreme Court-reviewed sentences |
Key Cases Cited
- Anthony v. State, 303 Ga. 399 (2018) (affirmed only Count 4 felony murder; explained merger and vacatur of related counts)
- McDonald v. State, 305 Ga. 5 (2019) (Georgia law of the case applies to Supreme Court holdings in criminal cases)
- Roulain v. Martin, 266 Ga. 353 (1996) (recognizing binding effect of appellate holdings in subsequent lower-court proceedings)
- Hollmon v. State, 305 Ga. 90 (2019) (trial court lacked authority to resentence on convictions vacated by operation of law)