Barber v. State

Ruffin, Chief Judge.

A jury found Daniel Earl Barber guilty of two counts of rape, four counts of aggravated child molestation, and two counts of cruelty to a child in the first degree. He was sentenced separately for each count. On appeal, Barber argues that certain counts should have merged for sentencing because they arose out of the same facts. Because we agree that some of the counts should have merged for sentencing, we affirm in part and reverse in part.

“ ‘Under Georgia law, offenses merge and multiple punishment is prohibited if one offense is included in the other as a matter of law…