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Derrick Leonard Middletonv.The State

CourtCourt of Appeals of Georgia
Docket No.A18A2035
DecidedJanuary 27, 2021
Reporter278 Ga. 122
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawCriminal ProcedureMergerJury InstructionsReversalVacaturRemand
Case Summary

Derrick Middleton was convicted of offenses arising from an armed robbery and carjacking, including hijacking a motor vehicle, theft by receiving stolen property, and possessing a firearm during a felony. In an earlier appeal, the Court of Appeals held that Middleton had waived a challenge to allegedly inconsistent verdicts on the hijacking and theft counts. The Supreme Court of Georgia reversed that waiver ruling and directed further proceedings. On remand, the Court of Appeals reversed the convictions for hijacking and theft by receiving and ordered a new trial on those counts. Because the firearm conviction depended on the hijacking conviction, the court also reversed that conviction and ordered a new trial. The court vacated another firearm conviction and directed the trial court to merge it into a separate firearm count under the earlier opinion. All remaining convictions and sentences were affirmed. The judgment thus affirmed in part, reversed in part, vacated in part, and remanded for proceedings consistent with both appellate decisions.

Opinion

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