Terrence Johnson was convicted of armed robbery, aggravated assault with intent to rob, and possessing a firearm during a felony. In a habeas petition, he argued that the aggravated-assault conviction merged into the armed robbery because both convictions arose from holding a store employee at gunpoint and taking money from the cash register. The habeas court denied relief. The Supreme Court of Georgia reversed and remanded with direction to issue a writ setting aside the separate aggravated-assault conviction and sentence. Applying the required-evidence test, the Court held that the two offenses were based on the same conduct and that every element of aggravated assault with intent to rob was also proved by the armed-robbery evidence. The brief interval in which Johnson moved the gun under the counter before pointing it at the victim again did not establish a separate criminal act. Because the aggravated-assault conviction was void as a duplicative conviction, the habeas court should have granted relief. Merger claims of this kind are cognizable in habeas proceedings.