Zachery v. State

Barnes, Judge.

Robert A. Zachery was indicted and convicted of six counts of robbery and recidivism. The trial court sentenced him to serve 20 years pursuant to the recidivist statute, OCGA § 17-10-7 (a), and Zachery appeals. He argues that the trial court erred in failing to merge the six robbery counts into one count and in deciding the' recidivist count itself instead of sending it to the jury. We affirm.

*723Decided January 6, 2000. Marcia G. Shein, for appellant.

1. Zachery was indicted on alternative counts of robbery, which alleged that on December 23, 1995, he took: (1) the property of…