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State v. Wilson8/2/2001
he time he committed these offenses (§ 40-35-115(b)(6)). Either of these additional factors is sufficient to support the consecutive sentence imposed. The record indicated that the Defendant had an extensive criminal background involving the possession of drugs, felony evading arrest, felony criminal mischief, felony reckless endangerment and other charges. Furthermore, at the time Defendant committed these offenses, he was on probation for prior convictions in three different jurisdictions. Therefore, the record supports the imposition of consecutive sentences.
CONCLUSION
For the foregoing reasons, we conclude that it was reversible error for the trial court not to charge the jury on facilitation of felony murder, second degree murder and voluntary manslaughter on the felony murder count. We also find that it was reversible error not to charge facilitation of especially aggravated robbery as a lesser-included offense of especially aggravated robbery under Count III. We reverse the Defendant's felony murder and especially aggravated robbery convictions, and remand the case for a new trial on both counts. The Defendant's conviction for second degree murder, which the trial court originally merged into the felony murder conviction, is hereby reinstated and remanded for sentencing. Following retrial of the felony murder count, the trial court is instructed to merge any resulting conviction of felony murder or of a lesser included offense with the Defendant's second degree murder conviction.
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