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Owensv.State

CourtCourt of Appeals of Georgia
Docket No.A24A1485
DecidedJanuary 8, 2025
Reporter374 Ga. App. 56; 911 S.E.2d 330; 2025 Ga. App. LEXIS 4; 2025 LX 72022; 2025 WL 47517
JudgesBarnes, P.J. (opinion); Gobeil and Pipkin, JJ., concurring.
Tags
Tales From the CryptMurder & MayhemCriminalCriminal LawCriminal ProcedureSentencingMotion for New TrialVacaturRemand
Case Summary

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.

Opinion

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