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Farley v. State

Evidence that the defendant shot the victim once in the arm prior to fatally shooting her in the back supported his separate conviction for aggravated assault.

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Anthony Wayne Farley was convicted of malice murder, aggravated assault, and possession of a firearm during the commission of a crime in connection with the shooting death of Staci Veronica Pollard.1 Farley appeals, claiming that the trial court erred in not merging his aggravated assault conviction into his malice murder conviction. Because the record shows that the crimes did not merge as a matter of fact, we affirm. 1. The evidence at trial showed that on May 15, 1995, Farley went to the home of Pollard, his ex-girlfriend, armed with a rifle. After an argument, he shot her once in the arm as she faced him, once in the back as she turned and ran toward her front door, and twice more in the back as she lay face down on the floor. Farley admitted to the shootings both before and during the trial.

After reviewing the evidence in the light most favorable to the jury’s determination of guilt, we conclude that a rational trier of fact could have found beyond a reasonable doubt that Farley was guilty of the crimes of which he was convicted.2

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