Carter v. State

I concur in judgment only. Carter’s convictions for both burglary and arson should be affirmed; they do not merge as a matter of fact or law. However, I disagree that this Court must “disapprove” our prior holdings in Lockett v. State, 153 Ga. App. 569 (266 SE2d 236) (1980), Darden v. State, 165 Ga. App. 739 (302 SE2d 425) (1983), and McClinic v. State, 172 Ga. App. 54 (321 SE2d 796) (1984), in order to reach this conclusion.

Lockett, Darden, and McClinic each decided the applicability of the otherwise correct statement of law “theft by taking is a lesser included offense of burglary” based…