Maurice Lidy IIIv.The State
CourtCourt of Appeals of Georgia
Docket No.A15A2398
DecidedJanuary 25, 2016
Reporter335 Ga. App. 517; 782 S.E.2d 302
JudgesChief Judge Sara L. Doyle, Presiding Judge John J. Phipps, and Judge Clyde L. Boggs; Boggs authored, Doyle and Phipps concurred
Tags
CriminalCriminal ProcedureSufficiency of the EvidenceSentencingMergerRemandVacatur
Case Summary
A jury convicted Maurice Lidy of aggravated battery, criminal trespass, and two counts of felony obstruction after a struggle with officers who arrested him at a storm-damaged hotel. The Court of Appeals held that the evidence permitted the jury to find that Lidy maliciously injured the police chief during the struggle. It also held that the obstruction counts, charged separately for two officers, arose from one brief act of resistance that affected them simultaneously and was not distinct in manner or timing; the counts therefore had to merge for sentencing. The court affirmed the convictions, vacated the sentence, and remanded for resentencing after merger.
Opinion
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