Haynes v. State
322 Ga. App. 57
Ga. Ct. App.2013Background
- Haynes was convicted by jury of armed robbery, aggravated assault, burglary, and possession of a firearm during the commission of a felony for a home invasion.
- The trial court denied Haynes’s motion for new trial; on appeal he argues insufficient evidence for aggravated assault and that merger with armed robbery was not addressed for sentencing.
- The court agrees that merger occurred, vacates the aggravated assault conviction, and remands for resentencing; other convictions are affirmed.
- On January 7, 2010, a husband and wife, with three children present, were invaded by two gunmen demanding money and information about a basement tenant.
- The wife and children were terrorized; the husband was struck with a handgun and both gunmen alternately threatened and controlled the family during the robbery.
- Detectives identified Haynes from photographic lineups; the couple and their children testified, with Haynes denying involvement and offering an alibi defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated assault | Haynes argues insufficient evidence. | State contends evidence supports the conviction. | Moot; merger analysis controls. |
| Whether aggravated assault merged into armed robbery for sentencing | Haynes contends merger is required under the ‘same act or transaction’ rule. | State distinguishes acts but court rejects on facts. | Aggravated assault merged; remand for resentencing. |
Key Cases Cited
- Drinkard v. Walker, 281 Ga. 211 (2006) (adopted ‘required evidence’ test for included offenses)
- Long v. State, 287 Ga. 886 (2010) (held no element of aggravated assault not contained in armed robbery; merger subject to same act or transaction)
- McGlasker v. State, 321 Ga. App. 614 (2013) (merger when aggravated assault and armed robbery share conduct)
- Hall v. State, 313 Ga. App. 66 (2011) (aggravated assault and armed robbery merged when predicated on same conduct)
- Crowley v. State, 315 Ga. App. 755 (2012) (clarifies ‘required evidence’ test and merger analysis)
- Garland v. State, 311 Ga. App. 7 (2011) (examples of merger when aggravated assault is based on same act)
- Sears v. State, 292 Ga. 64 (2012) (statements on merger principles in battery/assault contexts)
- Brown v. State, 314 Ga. App. 198 (2012) (aggravated assault based on striking with gun did not merge where sequence differed)
- Ransom v. State, 298 Ga. App. 360 (2009) (non-merger when aggravating act occurs prior to armed robbery)