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SEARS v. STATE

No. S12A1211.

734 S.E.2d 345 (2012)

292 Ga. 64

SEARS v. The STATE.

Supreme Court of Georgia.

November 19, 2012.

Attorney(s) appearing for the Case

Steven Lee Sparger, Savannah, for appellant.

Brittany Nicole Jones, Asst. Atty. Gen., Paula Khristian Smith, Sr. Asst. Atty. Gen., Samuel S. Olens, Atty. Gen., Department of Law, Larry Chisolm, Dist. Atty., Reginald Charles Martin, David E. Perry, Chief Asst. Dist. Atty., Office of the District Attorney, for appellee.

BLACKWELL, Justice.

Robert Allen Sears was tried by a Chatham County jury and convicted of the murder of Isaiah Lovett, aggravated assault, and possession of a knife during the commission of a felony. Following the denial of his motion for new trial, Sears appeals and asserts several claims of error, including that the trial court erred when it failed to merge the aggravated assault into his murder conviction. We agree with Sears that the failure to merge was error...

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