Jackson v. State

Because a merger issue under OCGA § 16-1-7 involves the possible imposition of a void sentence which may be reviewed at any time, I must respectfully dissent from Division 4 in Case No. A01A2509.

As held in Kinney v. State, 234 Ga. App. 5, 7 (2) (505 SE2d 553) (1998), one crime is included in another as a matter of fact if it is established by proof of the same or less than all of the facts used to prove the other. OCGA § 16-1-6 (1). A defendant may be tried for both offenses under such circumstances, but may not be convicted of both. OCGA § 16-1-7 (a) (l).26 “This right to be free of multiple…