Owensv.State
A jury convicted Christopher Owens of aggravated assault, three counts of aggravated battery, battery, and two knife-possession offenses after he and other motorcycle-club members attacked a bar patron. Owens challenged the evidence, counsel’s performance, and the merger of his convictions. The Court of Appeals upheld the evidence supporting the convictions and rejected the ineffective-assistance claims. It held that the aggravated-assault count was a lesser-included offense of one aggravated-battery count and had to merge into it. The trial court also used the wrong analysis to decide whether the three aggravated-battery convictions merged, and the record did not resolve that question. The court vacated the aggravated-assault and aggravated-battery convictions and sentences and remanded to merge the lesser count and determine whether the aggravated-battery counts merge; it affirmed the remaining convictions.
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