Marlowe v. State

Adams, Judge.

By opinion dated November 17, 2003, Case No. S03G0351, the Supreme Court of Georgia reversed Division 2 of this Court’s opinion in the above-captioned case, Marlowe v. State, 258 Ga. App. 152 (572 SE2d 685) (2002), in which we held that Marlowe’s three counts of possession of a firearm during the commission of a felony should be merged for purposes of sentencing. The Supreme Court held that:

in Marlowe, the Court of Appeals properly merged the two possession offenses stemming from attempted robbery and aggravated assault against a single victim. However, the possession charge…