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Darnell Nolleyv.The State

CourtCourt of Appeals of Georgia
Docket No.A15A1686
DecidedFebruary 2, 2016
Reporter335 Ga. App. 539; 782 S.E.2d 446
JudgesPresiding Judges Andrews and Miller, and Judge Mercier; Andrews authored
Tags
CriminalCriminal LawCriminal ProcedureSufficiency of the EvidenceSentencingMergerDouble JeopardyVacaturRemand
Case Summary

A jury convicted Darnell Nolley of attempted armed robbery and multiple Street Gang Act offenses based on his direction of a gang-related robbery. The Court of Appeals held that the evidence supported the gang convictions except count 18, which it reversed for lack of venue, and rejected Nolley’s argument that all gang counts merged into count 11. It vacated counts 8 and 11 because they depended on an aggravated-assault conviction that had merged into attempted armed robbery, and vacated count 9 because counts 7 and 9 charged one offense based on intent to increase or maintain gang status. The court affirmed count 7 and the remaining convictions, and remanded for resentencing on the vacated counts.

Opinion

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