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FLEMING v. STATE

No. S01A0269.

546 S.E.2d 273 (2001)

273 Ga. 837

FLEMING v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied June 4, 2001.

Attorney(s) appearing for the Case

W. Keith Davidson, Darel C. Mitchell, Lawrenceville, for appellant.

Daniel J. Porter, Dist. Atty., Thurbert E. Baker, Atty. Gen., Paula K. Smith, Senior Asst. Atty. Gen., Daniel G. Ashburn, Asst. Atty. Gen., Atlanta, for appellee.

FLETCHER, Presiding Justice.

A jury convicted Byron Fleming of malice murder, aggravated assault, and possession of a firearm in connection with the shooting death of Gwinnett County Deputy Sheriff Kenneth Lee Wimberly.1 The state sought the death penalty, but the trial court sentenced Fleming to life imprisonment after the jury was unable to reach a unanimous verdict on the sentence. Fleming contends that the trial court should have given...

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