Hall v. State
313 Ga. App. 66
Ga. Ct. App.2011Background
- Kinard Hall was convicted at a jury trial of armed robbery, three counts of aggravated assault with a deadly weapon, burglary, and possession of a firearm during the commission of a crime.
- Hall and co-defendant Dante Williams forced their way into the victims’ apartment at gunpoint; Hall used a handgun toward one victim in the master bathroom and a shotgun was brandished by Williams toward another.
- Hall took the victims’ Xbox game console during the escape; shots were fired causing disturbance in and around the apartment.
- Witnesses identified Hall as one of the perpetrators; Hall and Williams were later found driving a white vehicle matching the description of the escape vehicle.
- Hall argued for merger of the aggravated assault conviction against Paul into the armed-robbery conviction; the trial court denied this request.
- The appellate court vacated the aggravated-assault conviction and remanded for resentencing, holding that merger was required under the applicable Supreme Court precedent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Should the aggravated assault conviction merge into armed robbery? | Hall argues merger is required. | State contends offenses are distinct. | Yes; aggravated assault must merge into armed robbery. |
| Is the 'required evidence' test properly applied to merger here? | Test supports overlap; no separate proof beyond taking and use of weapon. | Test supports separate elements for each offense. | Test supports merger; no element beyond weapon use unique to aggravated assault. |
| Does the reasoning warrant remand for resentencing after merging the offenses? | Not necessary if merger is improper; but if merger applies, resentencing is appropriate. | Remand not required if sentence remains valid after merger. | Remand for resentencing with merged count required. |
Key Cases Cited
- Lucky v. State, 286 Ga. 478 (2010) (merger uses facts required for each offense)
- Long v. State, 287 Ga. 886 (2010) (no element of aggravated assault not contained in armed robbery)
- Drinkard v. Walker, 281 Ga. 211 (2006) (required-evidence merger test)
- Garland v. State, 311 Ga. App. 7 (2011) (merger analysis for offenses predicated on same conduct)
- Murray v. State, 307 Ga. App. 621 (2011) (examples of merger outcomes in similar contexts)