Mathis v. the State

Phipps, Chief Judge.

Following a jury trial, Jonas Mathis was found guilty of armed robbery 1 and aggravated assault. 2 The trial court sentenced Mathis on both crimes. Mathis appeals, contending that the trial court erred by failing to merge the aggravated assault and armed robbery convictions, and by finding that trial counsel provided ineffective assistance. For the reasons that follow, we hold that the two offenses did merge, and thus the conviction and sentence for aggravated assault must be vacated and the case remanded for resentencing on that crime. We find no other grounds for…