The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Frank Cooperv.The State

CourtCourt of Appeals of Georgia
Docket No.A19A0208
DecidedJune 10, 2019
Reporter337 Ga. App. 50
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawCriminal ProcedureJury InstructionsEvidenceReversalRemand
Case Summary

Frank Cooper was convicted of aggravated battery, felony obstruction of an officer, and two misdemeanor obstruction counts after a fight at the Hall County Jail. Cooper argued that the trial court should have held a hearing on his request to represent himself and should have instructed the jury on justification. The Court of Appeals affirmed the convictions but vacated the felony-obstruction count for sentencing purposes. The evidence showed that Cooper tackled an officer during the fight and broke the officer’s ankle. The same injury supported both the aggravated-battery and felony-obstruction counts, so the felony-obstruction conviction had to merge into the aggravated-battery conviction. Because the merger resolved the sentencing issue, the court did not reach the challenge to the justification instruction. The opinion illustrates the constitutional safeguards surrounding self-representation and the Georgia merger rule when one act supplies the proof for two offenses.

Opinion

Loading published copy…

The Far Side