Jenkins v. the State.

Summary

The court affirmed Jenkins's convictions, held that the firearm-possession counts merged because they arose from the same victim and fatal encounter, and vacated the related sentences for resentencing on only one possession count. It also upheld exclusion of Jenkins's statement under the excited-utterance exception because the circumstances did not establish that he remained under the stress of excitement and instead supported an inference that he had formulated a self-serving account. The court rejected Jenkins's ineffective-assistance claim because, regardless of counsel's performance, Jenkins failed to show a reasonable probability of a different trial result.