Harwell v. State

I concur fully in Presiding Judge McMurray’s dissent in this case. I write separately to make the following points.

1. When an illegal sentence is discovered by this Court through a review of related issues, we will address it. Queen v. State, 210 Ga. App. 588, 589-590 (2) (436 SE2d 714) (1993) (Beasley, P. J., for the majority).

If the majority is correct and the jury found Harwell guilty of aggravated assault with intent to rob, then the offense merges with the armed robbery conviction, and Harwell’s conviction and sentence for aggravated assault are illegal and void. Griffin v. State, 172…