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DOLENSEK v. STATE

No. S01A1610.

558 S.E.2d 713 (2002)

274 Ga. 678

DOLENSEK v. The STATE.

Supreme Court of Georgia.

January 14, 2002.

Attorney(s) appearing for the Case

Sharon L. Hopkins, Lawrenceville, for appellant.

Daniel J. Porter, Dist. Atty., David K. Keeton, Asst. Dist. Atty., Thurbert E. Baker., Atty. Gen., Madonna M. Heinemeyer, Asst. Atty. Gen., for appellee.

CARLEY, Justice.

Jason Marcus Dolensek was found guilty of felony murder, aggravated assault, and one count of possession of a firearm during the commission of a felony. The trial court correctly treated the underlying felony of aggravated assault as having "merged, as a matter of law, into the felony murder [so that] a separate sentence for that underlying felony [was] not ... authorized. [Cit.]" Malcolm v. State,<...

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