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Hendrix v. State

The trial court erred in convicting and sentencing the defendant on both malice murder and felony murder, because there was only one victim; in merging the possession of a firearm by a convicted felon count with the felony murder, since the felony murder count should have been vacated; and in failing to merge the aggravated assault count into the malice murder, because the aggravated assault was based on the same act as the malice murder and was thus a lesser-included offense.

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Appellant Sylvester Hendrix was convicted of murder and related offenses in connection with the October 6, 2011 shooting death of Dujon Parker. Hendrix appeals his convictions and sentences, contending that his trial counsel rendered constitutionally ineffective assistance and alleging trial court error and juror irregularities. Though we find no merit in Hendrix’s enumerations, we do find error in certain aspects of Hendrix’s sentences, and we must, therefore, vacate and remand for resentencing.1

Viewed in the light most favorable to the jury’s verdicts, the evidence adduced at trial established as follows. On October 6, 2011, Hendrix took his car to a DeKalb County car wash, where victim Dujon Parker and several other men had congregated. In the course of washing Hendrix’s car, Charles Porter, a car wash employee, accidentally locked the keys inside the car. Angered, Hendrix yelled and cursed at Porter. Parker, who witnessed this altercation, asked Porter whether he was okay, and Hendrix then began arguing with Parker. In the meantime, Hendrix’s car was unlocked; as he prepared to drive away, Hendrix said to Parker, I got something for you. After Hendrix left, several of the men at the car wash urged Parker to leave, but he refused, maintaining he had done nothing wrong.

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