Frank Cooperv.The State
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.
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