Mullis v. State

DOYLE, Presiding Judge.

Following a jury trial, Barry Mullis was convicted of criminal attempt to commit armed robbery,1 aggravated assault,2 burglary,3 and three counts of possession of a knife during the commission of a felony.4 Mullis appeals the denial of his motion for new trial, arguing that his convictions of aggravated assault with intent to rob and attempted armed robbery merged as a matter of fact. We vacate Mullis’s aggravated assault conviction and remand for resentencing, for the reasons that follow.

On appeal from a criminal conviction, we view the evidence in the light most…