Clark v. State

CARLEY, Justice.

Tellis Lamar Clark was tried before a jury and found guilty of two alternative counts of the felony murder of Tamarcus Jordan, two separate counts which charged the underlying felonies of armed robbery and burglary, possession of a firearm during commission of a crime, possession of a firearm by a convicted felon, and aggravated assault against Phyllis Griffin. Treating the alternative count charging felony murder while in the commission of burglary as surplusage for sentencing purposes, the trial court merged armed robbery into the felony murder count based on that underlying…