Malone v. State

Blackburn, Judge.

Antonio Malone was convicted of aggravated assault and aggravated battery in connection with the shooting of Carmenthia McGuire. On appeal, Malone contends the trial court erred in allowing evidence regarding a prior similar transaction. Malone also argues that the two offenses merged and that the court thus erred in sentencing him on both offenses.

1. Malone contends the court erred in allowing testimony regarding a prior similar transaction, arguing that the prior offense was not sufficiently similar to the offense for which he was charged.

The victim, McGuire, testified that…