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MOSS v. STATE

Nos. S01A1217, S01A1218.

561 S.E.2d 382 (2002)

275 Ga. 96

MOSS v. The STATE (Two Cases).

Supreme Court of Georgia.

Reconsideration Denied April 11, 2002.

Attorney(s) appearing for the Case

Derek H. Jones, Decatur, for appellant (case no. S01A1217).

Lee W. Fitzpatrick, Canton, for appellant (case no. S01A1218).

Patrick H. Head, Dist. Atty., Dana J. Norman, Amy H. McChesney, Asst. Dist. Attys., Thurbert E. Baker, Atty. Gen., Ruth M. Bebko, Asst. Atty. Gen., for appellee.

SEARS, Presiding Justice.

Dwayne Moss and Scott Moss, the appellants in these two cases, were jointly indicted and tried for the malice murder and felony murder of Zannie Mae Dunn and for the burglary of Dunn's apartment. Dwayne pled guilty to theft by receiving stolen property as a lesser included offense of the burglary charge, and was convicted of the felony murder of Dunn. The trial court sentenced Dwayne as a recidivist...

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