Fleming 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 Maurice Fleming, who has been charged with the armed robbery and malice murder of a Riceboro man.1

In his sole enumeration of error, appellant contends the trial court erred under Simmons v. South Carolina,_U. S._(114 SC 2187, 129 LE2d 133) (1994) by ruling that in the closing argument *542in the sentencing phase of his trial, the prosecutor may argue that sentencing appellant to death will deter others from crime, but that appellant may not…