Jenkins v. State

Hunstein, Justice.

Pursuant to the unified appeal procedure in capital felonies, OCGA § 17-10-35.1, we granted the application for interim appeal filed by Clevon Jamel Jenkins, who has been charged with the armed robbery and malice murder of a Riceboro man.

1. Appellant asserts error in the trial court’s ruling permitting counsel in closing argument in the sentencing phase to address the possibility of parole. OCGA § 17-10-31.1 (d), 2 by expressly authorizing argument to the jury on the issue of parole in the sentencing phase of death penalty trials, conflicts with OCGA § 17-8-76 (a), 3 which…