Allen v. State

Phipps, Judge.

Sean Garfield Allen appeals his convictions for aggravated battery, aggravated assault, and two counts of third degree cruelty to children. He contends that the trial court erred by allowing the jury to hear the recording of the 911 call made in connection with the underlying incident, by rejecting his claim of ineffective assistance of counsel, and by failing to merge the aggravated battery and aggravated assault counts for sentencing purposes. We find merit only in Allen’s merger contention. Accordingly, we affirm Allen’s conviction with respect to the cruelty to children…