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Daniel W. Taylorv.The State

CourtCourt of Appeals of Georgia
Docket No.A14A0497
DecidedJuly 7, 2014
Reporter327 Ga. App. 882, 761 S.E.2d 426 (2014)
JudgesPresiding Judge Doyle authored the opinion; Judges Miller and Dillard concurred
Tags
CriminalCriminal ProcedureFourth AmendmentSearch and SeizureExigent CircumstancesJury InstructionsPlain ErrorMergerSentencingSufficiency of the EvidenceRemand
Case Summary

After a jury trial at which he represented himself, Taylor was convicted of aggravated assault, five counts of terroristic threats, burglary, aggravated assault on a peace officer, obstruction, removing a weapon from a public official, and stalking. The charges arose from Taylor’s threats and attack on his estranged wife, followed two days later by his entry into her apartment and struggle with a responding officer. Taylor challenged the suppression ruling, denial of his speedy-trial motion, recidivist sentence, merger decisions, alleged judicial misconduct, evidentiary rulings, jury instructions, and sufficiency of the evidence. The Georgia Court of Appeals held that exigent circumstances justified the officer’s warrantless entry because Taylor had recently attacked his wife, was barred from the property, and had kicked in the apartment door. It held that the 27-month delay did not violate speedy-trial protections because Taylor caused substantial delay by changing appointed counsel and failed to show prejudice. The State gave sufficient notice of its intent to seek recidivist sentencing before the jury was sworn. Taylor’s obstruction conviction and sentence merged into aggravated assault on the officer and were vacated, requiring resentencing; the removal-of-a-weapon conviction did not merge because it rested on a separate act. The court rejected his remaining claims and affirmed the other convictions. The judgment was affirmed in part, vacated in part, and remanded for resentencing.

Opinion

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