Allen v. State

307 Ga. 707

FINAL COPY S19A1266. ALLEN v. THE STATE. PETERSON, Justice. Johnny Anthony Allen appeals his felony murder and aggravated assault convictions for killing Robert Earl Patton.1 On appeal, Allen argues that the trial court erred by admitting evidence of events that occurred after the shooting, and by admitting photographs of the autopsy performed on Patton. Allen also argues that the trial court erred and invaded the province of the jury by instructing the jury that a firearm is a deadly weapon as a matter of law. We vacate the sentence for aggravated assault, which merges 1 Allen was…