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Ladarius Colbertv.The State

CourtCourt of Appeals of Georgia
Docket No.A18A0361
DecidedApril 24, 2018
Reporter293 Ga. App. 512
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawCriminal ProcedureEvidenceDue ProcessIneffective Assistance of CounselMergerSentencingVacaturRemand
Case Summary

Ladarius Colbert was convicted of armed robbery, aggravated assault, aggravated battery, hijacking a motor vehicle, and firearm offenses arising from two armed incidents. He argued that the State had failed to disclose agreements with two witnesses, that trial counsel had been ineffective, and that aggravated-assault convictions should have merged with an armed-robbery conviction. The Georgia Court of Appeals rejected the disclosure and ineffective-assistance claims because Colbert showed neither an undisclosed agreement nor resulting prejudice. It held, however, that one aggravated assault was based on the same acts of violence as the related armed robbery and therefore merged under Georgia’s required-evidence test. A second aggravated assault, based on a gunshot fired after the robbery had ended, was a separate offense and did not merge. The court affirmed the convictions and most of the sentence, vacated the sentence imposed on the merged count, and remanded with direction to merge that count and resentence Colbert.

Opinion

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