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Court throws out Richmond prison sentence

Monday, Oct. 7, 2013 10:09 AM
Last updated Tuesday, Oct. 8, 2013 1:38 AM
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An Augusta man who was a juvenile when sentenced to prison without the chance of parole for a double homicide in 2000 must be resentenced, the Georgia Supreme Court ruled Monday.



Marcus Rolondo Moore, who was age 17 when he shot and killed Neiteka Nicole Wesbey and Corey McMillan on Nov. 24, 2000, will be sentenced to life in prison with the possibility of parole for the two murder convictions. Additional prison time can be imposed for two counts of aggravated assault and weapon violations.

Moore also wounded a third person in the crime and shot at but missed a fourth victim.

Moore was convicted of the murders during his death penalty trial in 2001. He agreed to a sentence of life in prison without parole before the trial went into the sentencing phase.

Monday’s ruling upset Edgar McMillan whose son, Corey, was murdered.

“I want him to stay in prison for the rest of his life,” he said. “I was pleased with the (2001) sentence but now he might get out at 65.”

McMillan said he would contact the parole board to voice his opposition to any future release.

“I wish he would just go away,” he said. “It will be 13 years next month and I’m still dealing with this.”

Monday’s ruling was based on a 2005 U.S. Supreme Court decision that found subjecting a juvenile to a possible death sentence was unconstitutional. Although Moore wasn’t sentenced to death, when he stood trial the law in Georgia only allowed for a sentence of life without parole in those cases where a prosecutor sought a death sentence.

Since that notice was a prerequisite for a sentence of life without parole, Moore’s sentence had to be vacated, the Georgia Supreme Court ruled Monday.

As part of Moore’s agreeing to life without parole, he waived his rights to appeal his conviction or sentence.

But the Georgia Supreme Court ruled earlier this year that a person cannot abandon the right to challenge an illegal sentence. The court found this ruling extends to Moore, too.

In 2009 the law was changed in Georgia so that a sentence of life without parole may be sought without the necessity of seeking a death sentence.

Comments (5) Add comment
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rmwhitley
5547
Points
rmwhitley 10/07/13 - 09:26 am
0
0
I'd give
Unpublished

the boy one day in jail and a .38 caliber bullet to the head.

itsanotherday1
48420
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itsanotherday1 10/07/13 - 09:29 am
5
0
Wonder if they can give him

Wonder if they can give him (2) life sentences with possibility of parole, to run consecutively? That should keep this cretin behind bars at least until he is gray headed and no longer a threat.

nocnoc
49715
Points
nocnoc 10/07/13 - 09:42 am
2
1
simple solution

Since each murder is treated as a separate crime.

Re sentence with 2 "consecutive life sentences"" in which the terms for several crimes are served one AFTER the another.

At a min. of 33 years each to be eligible for parole, that will take about 66 years. He'd be about 95 y/o before he got out.

But by then Society will be able to brain wipe bad people.

my.voice
5182
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my.voice 10/07/13 - 10:00 am
0
0
Let's give the man an award.

Let's give the man an award.

Fiat_Lux
16445
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Fiat_Lux 10/07/13 - 10:12 am
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Fortunately, the 60 years for shooting 2 others should stand

Those were two 30 year sentences to be served consecutively, and whatever is added for the two murders presumably will be on top of that.

I think Mr. Moore will not be coming out able to do much of anything that won't get him sent right back in. If he even survives inside that long.

daphne3520
953
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daphne3520 10/07/13 - 10:25 am
0
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Even IF a
Unpublished

Jury found him guilty, ALL you trolls, does NOT mean he's guilty! MANY an innocent person has and is doing, done time for something they did NOT do! Google is your friend so.....PLEASE research the "Innocence Project."

GnipGnop
12753
Points
GnipGnop 10/09/13 - 07:17 am
0
0
Retry him

Retry him and fry him. This juvenile nonsense has to stop when it concerns violent crimes!!!

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