Harrisv.The State
Robert Harris was convicted of malice murder and related offenses after Kenneth Roberts was killed and several other men were assaulted. He challenged counsel’s performance, the denial of a continuance, and the sentencing treatment of an aggravated-assault count. The Georgia Supreme Court affirmed in part and vacated in part. The court rejected the trial and post-conviction claims but held that one aggravated-assault conviction was based on the same conduct as an aggravated-battery conviction. The assault therefore merged into the aggravated battery for sentencing, and the court vacated that conviction and sentence. The remaining convictions and sentences were affirmed. The decision corrected the merger error without requiring a new trial or disturbing the murder judgment.
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