Rice v. State

Summary

The Supreme Court of Georgia affirmed Malik Deshawn Rice’s convictions for felony murder and related offenses arising from the shooting death of Clarence Gardenhire. The Court held that although the trial court plainly erred by omitting an accomplice-corroboration instruction, the error did not likely affect the trial’s outcome because substantial other evidence connected Rice to the crimes. The Court vacated Rice’s aggravated-assault conviction and sentence because that offense merged with his conviction for attempted armed robbery.

Holdings

1. The trial court clearly erred by failing to give an accomplice-corroboration instruction, but the omission did not constitute reversible plain error because the substantial independent evidence of Rice's participation showed that the error likely did not affect the trial's outcome.
2. Rice's aggravated-assault conviction and sentence had to be vacated because, under the facts of the case, the aggravated assault merged into the conviction for criminal attempt to commit armed robbery for sentencing purposes.

Questions Presented

1. Whether the trial court committed reversible plain error by failing to instruct the jury that accomplice testimony required corroboration.
2. Whether Rice's aggravated-assault conviction should have merged into his conviction for criminal attempt to commit armed robbery for sentencing purposes.

Disposition

vacated