Johnson v. State

Pope, Judge.

Appellant was convicted of attempted armed robbery and aggravated assault. He was sentenced to serve ten years on each count, with the terms to run concurrently. The only enumeration of error is that the offense of aggravated assault should have merged into the attempted armed robbery as a matter of fact and that the trial court erred in sentencing appellant on the aggravated assault count. Held:

“While it is settled that aggravated assault is not included in robbery, armed robbery or attempted armed robbery as a matter of law, [cits.], it may be included as a matter of fact.”…