Middlebrooks v. State

Phipps, Judge.

Nicholas Gerade Middlebrooks appeals his convictions on several counts that arose from the armed robbery of a restaurant at which Middlebrooks was employed. On appeal, he contends that the trial court erred in not merging an aggravated assault count into a kidnapping count and in denying his motion for new trial based upon a claim of ineffective assistance of counsel. Middlebrooks also argues that his sentencing form contains a clerical error. For the reasons set forth below, we affirm.

Viewed in the light most favorable to the verdict, the evidence showed that on June 25, 2005,…