Anthony v. Georgia

Johnathan Anthony, Antonio Pass, and Jekari Strozier were tried by jury and convicted of murder and criminal gang activity in connection with the beating and death of Joshua Chellew. They appealed, each raising several claims of error. Upon review of the record and briefs, the Georgia Supreme Court found no reversible error as to their convictions for murder. The Court concluded, however, that the convictions for criminal gang activity had to be set aside: the Supreme Court found that based on the facts presented in this case, the offenses of unlawful participation in criminal gang activity through the commission of an aggravated assault and unlawful participation in criminal gang activity through the commission of an aggravated battery merged with the offense of unlawful participation in criminal gang activity through the commission of a simple battery, which formed the basis for, and properly was merged into, the felony murder of which the appellants were convicted and sentenced. Accordingly, their separate convictions for criminal gang activity involving aggravated assault and aggravated battery had to be vacated. View "Anthony v. Georgia" on Justia Law