Thomas v. State, 292 Ga. 429

Appellant Lance Thomas, Jr. and three codefendants were indicted for eight crimes related to a December 24, 2008 deadly home invasion in Carroll County, including malice murder, felony murder, aggravated assault, burglary, and related offenses.
Codefendants Robinson, Prothro, and Smith pled guilty to some charges and testified for the State at trial; Thomas was found guilty of all charges except malice murder counts.
The home invasion involved robbing Reginald Nixon’s house; intruders entered the home, exchanged gunfire, and two residents, Cruver and David Nixon, were killed.
Evidence included the intruders’ appearance, weapons, concealment gear, blood-stained clothing, recovered firearms, and a phone call where Thomas admitted intent to commit a robbery.
Thomas testified he was at Nixon’s house to buy marijuana, not to rob, and claimed a gunshot occurred when Robinson entered the home.
On October 26, 2010, the jury convicted Thomas on the charged offenses, and sentencing occurred with life terms for felony murder convictions and concurrent terms otherwise.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of burglary evidence	Thomas entered Nixon’s home without authority.	Nixon invited the intruders by opening the door at their knock.	Sufficient evidence supported entry without authority.
Suppression of car-search evidence	Affidavit lacked reliable probable cause for the rental car search.	Car-stop and search were lawful; suppression issue not preserved.	Barred for lack of challenge to the warrant affidavit at suppression.
Admissibility of post-arrest statement	Detective ignored invocation of right to counsel; statement should be suppressed.	No invocation occurred; waiver was knowing and voluntary.	Statement voluntary; Miranda waiver valid; suppression denied.
Merger of aggravated assault with intent to rob into felony murder	Agg. assault with intent to rob should merge with felony murder.	Under Drinkard test, separate elements justify separate sentences.	No merger; separate convictions affirmed.
Merger of two aggravated assaults of Nixon	Agg. assault with deadly weapon and with intent to rob merge.	Different elements justify separate sentences.	No merger; both aggravated assaults sentenced.

Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency review for criminal conviction)
Vega v. State, 285 Ga. 32 (Ga. 2009) (credibility and witness conflict resolved by jury)
Redwine v. State, 280 Ga. 58 (Ga. 2005) (forced entry not an element of burglary)
Smith v. State, 287 Ga. App. 222 (Ga. App. 2007) (door opening does not automatically authorize entry)
Drinkard v. Walker, 281 Ga. 211 (Ga. 2006) (required evidence test for merger)
Long v. State, 287 Ga. 886 (Ga. 2010) (applies Drinkard test for separate elements)
Duncan v. State, 290 Ga. App. 32 (Ga. App. 2008) (disapproved where related to actual evidence test for merger)