Ricky Johnson was convicted of burglary and multiple counts of theft by taking after a nighttime shop theft involving trucks, heavy equipment, and other property. The Supreme Court of Georgia vacated the Court of Appeals' merger ruling and remanded for the lower court to apply the correct analysis. It held that the Court of Appeals erred by using the overruled "actual evidence" test and by treating the case like a merger problem involving different crimes instead of multiple counts of the same crime. The proper question on remand is whether the theft-by-taking counts arose from a single course of conduct and, if so, what the applicable unit of prosecution is under OCGA 16-8-2.