438 S.E.2d 625 | Ga. | 1994
Charlie James Barker was indicted on charges of murder, felony
1. The jury was authorized to find that appellant, who had been involved romantically with Christina Murphy, went to the victims’ home the evening of August 31, 1989, had sex with Ms. Murphy, but became angry at her when she asked him to leave in anticipation of a visit by another man. He beat her repeatedly about the face and head with his fists. When she fled to the daughter’s bedroom, he followed, dowsed both victims with gasoline he had brought with him, then struck a match, setting them on fire. The victims died from burns and smoke inhalation. Appellant admitted in a statement made to the police that he took eight dollars from a dresser.
The evidence adduced was sufficient to enable a rational trier of fact to find beyond a reasonable doubt that appellant was guilty of the crimes for which he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
2. Although not enumerated as error, our review of the record reveals that the trial court sentenced appellant to four life sentences based on the guilty verdicts rendered on the two counts of malice murder and the two counts of felony murder.
3. Appellant contends the trial court erred by allowing the State to introduce evidénce of prior difficulties between Ms. Murphy and
4. We have reviewed appellant’s remaining enumerations of error and find them to be without merit.
Judgment affirmed in part and vacated in part.
The crimes occurred between 9:00 p.m. and 1:00 a.m. on August 31-September 1, 1989. Barker was indicted in the August 1989 term in Sumter County. He was found guilty on April 11,1991 and was sentenced on April 15,1991. His motion for new trial, filed on May 7, 1991, as amended June 10,1993, was denied on June 17,1993. A notice of appeal was filed on June 21, 1993. The transcript was certified on July 2, 1993, and the appeal was docketed on July 9, 1993. This appeal was submitted for decision without oral argument on August 20, 1993.
Appellant was also sentenced to three twenty-year terms to be served consecutively for the aggravated assault, arson in the first degree, and burglary counts. See Malcolm v. State, 263 Ga. 369 (5) (434 SE2d 479) (1993). Because the evidence authorized the jury to find that the aggravated assault was based on appellant’s beating of Christina Murphy, see generally Zilinmon v. State, 234 Ga. 535 (8) (216 SE2d 830) (1975), and because this assault for which appellant was convicted was completed before the homicide was committed, no merger between the aggravated assault and the malice murder conviction occurred. Griffin v. State, 257 Ga. 148 (6) (356 SE2d 209) (1987). Compare Montes v. State, 262 Ga. 473 (1) (421 SE2d 710) (1992).