Eric Mitchell v. State

FIFTH DIVISION MCFADDEN, P. J., BROWN and MARKLE, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.us/rules April 26, 2023 In the Court of Appeals of Georgia A23A0358. MITCHELL v. THE STATE. MCFADDEN, Presiding Judge. Eric Mitchell appeals from his aggravated battery and aggravated assault convictions, claiming that the two offenses were part of a continuous act and should have merged for sentencing purposes. But because the evidence shows a deliberate interval…