Thomas v. State

Branch, Judge.

In a scuffle that Timothy Thomas started by pointing a loaded gun at Dennis Lopez’s head, Lopez was shot and injured in both hands. Following a trial by jury, Thomas was convicted and sentenced on one count of aggravated assault for pointing the gun at Lopez; two counts of aggravated battery — one for each injury to Lopez’s hands; and one count of possession of a firearm by a convicted felon. On appeal, Thomas contends that for the purpose of sentencing, the trial court erred by failing to merge the two convictions of aggravated battery and by failing to merge the conviction of…