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KELLEY v. STATE

No. A00A2540.

548 S.E.2d 357 (2001)

248 Ga. App. 721

KELLEY v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied March 22, 2001.

Certiorari Denied September 7, 2001.

Attorney(s) appearing for the Case

Banks, Stubbs, Neville & Cunat, Rafe Banks III, Cumming, for appellant.

Philip C. Smith, Dist. Atty., Sandra A. Partridge, Asst. Dist. Atty., for appellee.

SMITH, Presiding Judge.

This appeal arises out of the trial court's imposition of a sentence following a jury trial in which Kenneth Jeffrey Kelley was convicted of aggravated assault and battery. Kelley contends that he should have been sentenced only on the battery conviction. Kelley, who had previously entered a guilty plea to charges of aggravated assault and aggravated battery but had withdrawn the plea, also argues that the trial court erroneously imposed a...

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