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SMITH v. STATE

No. S06A1451.

640 S.E.2d 1 (2006)

SMITH v. The STATE.

Supreme Court of Georgia.

December 11, 2006.

Attorney(s) appearing for the Case

Carl P. Greenberg, Atlanta, for Appellant.

Paul L. Howard Jr., Dist. Atty., Bettieanne C. Hart, Asst. Dist. Atty.; Thurbert E. Baker, Atty. Gen., Paula K. Smith, Senior Asst. Atty. Gen., Edwina M. Watkins, Asst. Atty. Gen., for Appellee.

CARLEY, Justice.

Carlos Smith was charged with malice murder and related offenses in connection with the shooting death of Geraldo Olivares. At trial, eyewitness testimony identified Smith as the shooter. In addition, the prosecution introduced his confession. The jury found him guilty of malice murder and possession of a firearm while attempting to rob Mr. Olivares. Smith waived his right to a jury trial on a separate count of possessing a firearm by a first offender...

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