Kevin S. Gibbsv.The State
Kevin Gibbs was convicted of aggravated assault on a peace officer, fleeing or attempting to elude, and reckless driving after a dangerous vehicle pursuit. On his second appeal, he challenged counsel’s performance, the admission of expert testimony, and the failure to merge certain offenses for sentencing. The Court of Appeals affirmed the convictions and held that the challenged counsel and expert-evidence rulings did not require a new trial. It nevertheless vacated part of the sentence because the offenses had to be merged under Georgia law. In resolving that issue, the whole court disapproved an earlier published decision that could not be reconciled with subsequent Supreme Court precedent. The court remanded for resentencing consistent with the merger ruling and left the remaining convictions and sentence components intact. The judgment was affirmed in part, vacated in part, and remanded with direction.
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