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Blackmon v. State

The evidence supported defendant's convictions for murder and other offenses, but the trial court erred in failing to sentence him for a crime for which he was found guilty and properly should have been convicted and sentenced.

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A jury convicted appellant John Blackmon of felony murder and other offenses in connection with the shooting death of Timothy Blalock and the aggravated assault and aggravated battery of Timothy Ghiden.1 Blackmon appeals from the denial of his motion for new trial, contending that the trial court erred by failing to suppress the results of an impermissibly suggestive photographic lineup, thereby violating his right to due process, and denying his motion for directed verdicts. We find no merit in his claims, but our review of the record reveals that the trial court erred when it failed to sentence him for unlawful possession of a firearm by a convicted felon. Accordingly, we affirm in part, vacate in part, and remand this case for resentencing.

1. Viewed in the light most favorable to the jury’s verdicts, the evidence shows that on August 25, 2013, as Blalock and Ghiden parked their car outside a shopping center where Ghiden worked, appellant and other men pulled alongside the vehicle and shot into the vehicle multiple times. Deputy Roget Cook and police officer Kristina Ashby Rowland, who were working security at a restaurant in the same shopping center, were informed of the shooting and ran outside to help. There, they saw a silver- or beige-colored Tahoe driving away and a black Impala that had jumped the curb and come to a stop. Blalock, who was sitting inside the Impala, told Cook he was shot by someone in the truck that drove off. Blalock died at the scene from a gunshot wound to the torso.

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