State vs. Benjamin Brown

Benjamin Brown appeals from his convictions of one count of felony murder committed in the perpetration of aggravated child abuse and one count of aggravated child abuse. An effective sentence of life imprisonment was imposed. On direct appeal, he contends (1) the evidence is insufficient to support his convictions; (2) the lesser offense of criminally negligent homicide should have been instructed; (3) testimony regarding prior bad acts was erroneously admitted; and (4) his convictions violate the constitutional protections against double jeopardy. Following review, the appellant's conviction for aggravated child abuse is vacated and dismissed as violative of the protections against double jeopardy. We affirm the appellant's conviction for felony murder finding the evidence sufficient to support his conviction. Because the appellant's motion for new trial as to felony murder was untimely filed, the remaining issues related to this conviction are waived.