State v. Fuller

Phipps, Judge.

The trial court granted Evan Fuller’s plea in bar, and the state appeals, arguing that the kidnapping charge against him should not have been dismissed. Fuller contends that a conviction on that charge would be void as mutually exclusive of his prior conviction of theft by receiving stolen property. Because Fuller’s contention has no merit, we reverse.

Brian Lovell reported to police that on July 4, 2002, a man followed him to his car, a Honda Accord, which was parked at Lenox Mall in Fulton County. The man claimed to have a gun, forced him into his car, sat in a passenger’s…