Willie Dobbsv.The State
The Court of Appeals of Georgia previously affirmed Willie Dobbs’s convictions arising from a shooting but vacated his sentence because the trial court had not properly merged offenses. The court had directed the trial court to merge attempted murder into aggravated battery under then-controlling precedent. While the case was pending, the Supreme Court of Georgia overruled that precedent and held that aggravated battery merges into attempted murder when both offenses rest on the same conduct. After the Supreme Court vacated the earlier decision and remanded for reconsideration, the Court of Appeals applied the new rule. It vacated the prior sentencing ruling and held that the trial court must merge Dobbs’s aggravated-battery convictions into the attempted-murder conviction. The other divisions of the earlier opinion, including the evidentiary ruling and the merger of the two aggravated-battery convictions, were not inconsistent with the Supreme Court’s decision and therefore remained binding. The judgment was affirmed in part, the sentence was vacated, and the case was remanded for resentencing.
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