Defendant Reccenta Harris was found guilty of two counts of felony murder in connection with the death of Tracy Bowman, and sentenced to life in prison as to each count.1 He appeals, asserting the evidence was insufficient to sustain his conviction. We disagree and affirm; however, because Harris could be sentenced as to either count of felony murder, but not both, we vacate and remand for resentenc-ing.
1. Construing the evidence in a light to uphold the verdict,2 we find the following: Harris and two friends, Smith and Scott, went out for the evening and stopped at a friend’s house. When Smith got into an altercation with Bowman, Harris convinced Smith to leave.
Later, the three men were driving around when they saw Bowman and his friend, James Echols, standing on the street. Smith had a gun in the car. Harris got out of the car to talk to Echols; Smith and Scott stayed in the car. Bowman approached Harris and told him to leave. Harris pointed Smith’s gun at Bowman;3 Bowman and Echols started running away. Harris ran after Bowman and fired several shots. Bowman died from a single gunshot wound that entered his back and exited his chest. Harris returned to the car and the three men drove off. Smith stopped to hide his gun in a wooded area.
Smith’s car was pulled over later that night; Smith, Scott and Harris were still in the car. The following day, Smith led police to his gun.
We have no hesitation in concluding that the evidence was sufficient to enable any rational trier of fact to find Harris guilty of felony murder beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). All eyewitnesses identified Harris as the shooter. The credibility of the witnesses was a matter for the jury to determine. Johnson v. State, 264 Ga. 456 (4) (448 SE2d 177) (1994).
*8362. The jury found Harris guilty as to two counts of felony murder (one predicated on aggravated assault, the other on possession of a firearm by a first offender probationer) and possession of a firearm by a first offender probationer. The trial court merged the possession of a firearm count with the felony murder counts, and sentenced Harris to two life sentences (concurrent) on the felony murder counts. However, Harris murdered a single victim; he can be sentenced on either count of felony murder, but not both. OCGA § 16-1-7; see Malcolm v. State, 263 Ga. 369 (4) (434 SE2d 479) (1993) (where defendant is convicted of malice murder and felony murder of single victim, he can be sentenced for either malice or felony murder, but not both). Accordingly, we vacate Harris’ sentence and remand this case for resentencing.
Thompson v. State, 263 Ga. 23 (426 SE2d 895) (1993), upon which the dissent relies, does not require this Court to specify which of the felony murder counts Harris is to be resentenced on. In that case, the jury failed to specify the underlying felony for a single felony murder count. The problem was in the ambiguity of the jury’s verdict - and such an ambiguity must be construed in favor of the defendant. Id. at 25. In this case, on the other hand, the verdict is not ambiguous. However, the sentence is illegal because the trial court imposed two felony murder sentences for the killing of a single victim. Under these circumstances, the trial court is to use its discretion in resentencing Harris.
Judgment affirmed; sentence vacated and remanded for resen-tencing.
All the Justices concur, except Fletcher, C. J., Sears, P. J., and Carley, J., who concur in part and dissent in part.Harris killed Bowman on September 28,1999. He was indicted on December 16,1999, and charged with malice murder, two counts of felony murder (predicated on the underlying felonies of aggravated assault and possession of a firearm by a first offender probationer) and possession of a firearm by a first offender probationer. Trial commenced on April 2, 2001, and the jury returned its verdict finding Harris not guilty of malice murder, and guilty on the remaining counts. The trial court merged the firearm possession charge, and sentenced Harris to concurrent life terms on each of the felony murder charges. Harris’ timely filed motion for a new trial was denied on June 22, 2001, and Harris filed a notice of appeal on July 23, 2001. The appeal was docketed in this Court on August 14, 2001, and submitted for decision on the briefs on November 19, 2001.
See Baisden v. State, 258 Ga. 425 (1) (369 SE2d 762) (1998).
It is unclear whether Harris already had Smith’s gun in his waistband or took possession of the gun from Smith after Bowman approached him.