Dean v. State

Phipps, Chief Judge.

Michael Dean appeals his convictions for armed robbery,* 1 aggravated assault,2 and possession of a firearm during the commission of a felony.3 He contends that the trial court erred by: (1) allowing the state to introduce a witness’s out-of-court statement without laying a proper foundation and after the witness had been released from subpoena; and (2) not merging the aggravated assault offense into the armed robbery offense for sentencing purposes. For the reasons that follow, we affirm the judgment in part, vacate the judgment in part, and remand the case for…