Johnson v. Williams, 304 Ga. 771

In 2006 Terrence Johnson robbed a Rome clothing store at gunpoint, holding the owner (Debbie Graham) and taking $150 from the register before fleeing.
Johnson was convicted by a Floyd County jury of armed robbery, aggravated assault with intent to rob, and possession of a firearm during the commission of a crime.
On direct appeal the Court of Appeals affirmed convictions but remanded for resentencing because the trial court failed to exercise sentencing discretion.
Johnson later filed a habeas corpus petition (Superior Court of Tattnall County) arguing the aggravated assault merged with the armed robbery and thus the aggravated assault conviction was improper.
The habeas court denied relief; the Georgia Supreme Court granted review (certificate of probable cause) and the State conceded merger.
The Supreme Court applied the required-evidence test and concluded the aggravated assault conviction merged into the armed robbery conviction, vacating the aggravated assault conviction and remanding to the habeas court to issue the writ.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether aggravated assault with intent to rob merges with armed robbery when based on the same conduct	Johnson: the aggravated assault merged into the armed robbery and the separate conviction is void	State: originally defended convictions, but conceded merger on appeal	The Court held they merge; aggravated assault conviction is void and must be set aside

Drinkard v. Walker, 281 Ga. 211 (articulates the required-evidence test for merger)
Lucky v. State, 286 Ga. 478 (aggravated assault with intent to rob ordinarily merges with armed robbery)
Curtis v. State, 275 Ga. 576 (merger principles applied to related offenses)
Nazario v. State, 293 Ga. 480 (merger claims are cognizable in habeas proceedings)
Oliphant v. State, 295 Ga. 597 (distinguishes when separate acts permit separate convictions)