Eleby v. State

Summary

The court affirmed most of Eleby’s convictions after rejecting his sufficiency, indictment, identification, evidentiary, prosecutorial-misconduct, and preservation claims. It held that the armed-robbery conviction and sentence had to be vacated because armed robbery was the felony underlying the felony-murder conviction, and that the conspiracy conviction had to merge into the felony-murder conviction. The court also concluded that the aggravated-assault convictions did not merge with armed robbery or with each other. No separate opinions were filed.