DURDEN v. THE STATE
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The case in question revolves around a defendant, Devin Durden, who was convicted of felony murder and other crimes related to the shooting death of Dewayne Chronister. Durden was indicted along with Dontavis Screws and Jasmine Thomas for malice murder, felony murder predicated on armed robbery, armed robbery, and possession of a firearm during the commission of a felony. Screws and Thomas pleaded guilty to lesser offenses, and Durden was convicted of all counts except malice murder.
Durden's appeal centers on two primary points of contention. First, he argues that the trial court erred in allowing a detective to testify extensively, identifying Durden as the individual shown in surveillance footage. Second, he argues that the court erred in instructing the jury on single-witness testimony without also instructing it on accomplice corroboration. Durden also contends that the cumulative harm of these alleged errors warrants reversal.
In reviewing the appeal, the Supreme Court of Georgia affirms in part and vacates in part. First, while the court acknowledges that the detective's identification testimony was excessive, it finds that the error likely did not impact the trial's outcome because the testimony was redundant of other evidence presented in court. Second, the court agrees that the trial court erred in not instructing the jury on accomplice corroboration, but again determines that this error likely did not affect the trial's outcome due to substantial corroborating evidence.
Finally, the Supreme Court of Georgia notes an unraised issue regarding sentencing. It observes that Durden's conviction for armed robbery, which was the predicate felony for the felony murder charge, should have merged into the felony murder conviction. As a result, the court vacates Durden's conviction and sentence for armed robbery.
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