Sapp v. State

Summary

The Georgia Supreme Court affirmed Raymond Trey Sapp’s convictions for felony murder and possession of a firearm during the commission of a crime, but vacated the separate conviction and sentence for criminal attempt to possess cocaine because the underlying felony could not support a separate sentence. The court also held that the omission of a specific proximate-cause instruction did not constitute plain error under the circumstances.

Holdings

1. The evidence was sufficient to enable a rational trier of fact to find Sapp guilty beyond a reasonable doubt of all three offenses.
2. A defendant may not be separately sentenced for felony murder and the underlying felony when convicted of both; the separate judgment of conviction and sentence for criminal attempt to possess cocaine must be vacated.
3. The omission of an additional specific proximate-cause instruction did not constitute plain error because, even assuming such an instruction was warranted, the alleged error was not clear or obvious in light of the instructions given as a whole.

Questions Presented

1. Whether the evidence was sufficient to support Sapp's convictions for felony murder, criminal attempt to possess cocaine, and possession of a firearm during the commission of a crime.
2. Whether Sapp could be separately sentenced for felony murder and the underlying felony of criminal attempt to possess cocaine.
3. Whether the trial court's failure to give a specific proximate-cause instruction for felony murder constituted plain error despite Sapp's failure to make a specific objection before the jury retired.

Disposition

vacated