MOBLEY v. the STATE., 812 S.E.2d 796

Khalil Mobley pleaded guilty to multiple offenses after attempting to evade police in a stolen vehicle and nearly striking an officer.
While the stolen car flipped and caught fire, Mobley remained inside and fired a shot through the roof at Officer McCoy, who was directly in front of the car.
Mobley then fired a second shot through the rear window at Officer Jensen, who was running toward the overturned vehicle.
Mobley discarded the gun, was extracted from the burning car, and taken into custody; police dash-cam video was entered at sentencing.
The indictment included two counts (Counts 10 and 11) charging felony obstruction of law enforcement—one as to each officer—based on Mobley’s firing at them.
Mobley appealed the trial court’s refusal to merge the two obstruction convictions for sentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Counts 10 and 11 (two felony obstruction charges) must merge as a single act	Mobley: Both shots were part of one act of obstruction and thus should merge (relying on Lidy)	State: Shots were separate acts at different times/angles against different officers, supporting separate convictions	Court: Affirmed—convictions did not merge because each shot was a distinct act with independent facts

Stevenson v. State, 272 Ga. App. 335 (stating merger principles for included offenses)
Brown v. State, 312 Ga. App. 489 (noting de novo review of merger under OCGA § 16-1-7(a))
Lidy v. State, 335 Ga. App. 517 (holding two obstruction counts should merge where a single, brief act simultaneously resisted two officers)
Jackson v. State, 295 Ga. App. 427 (upholding separate obstruction convictions where defendant separately hindered multiple officers)