Hoerner v. State

Jordan, Presiding Justice.

Christopher Hoerner was convicted in the Dawson Superior Court of armed robbery and malice murder, and given consecutive life sentences. He appeals. We affirm.

1. Hoerner notes that armed robbery is a lesser included offense of malice murder when a rational trier of fact could find, beyond a reasonable doubt, only that the defendant was a party tó the armed robbery and that his co-defendant’s murder of the victim was a probable consequence of the same, see Burke v. State, 234 Ga. 512, 515 (216 SE2d 812) (1975), and argues that, based on the facts of the present case,…