WILKERSON v. the STATE.

Ellington, Presiding Judge.

A Spalding County jury found Delanerous Wilkerson guilty beyond a reasonable doubt of aggravated battery, OCGA § 16-5-24 (a) ; and aggravated assault, OCGA § 16-5-21 (a) (2). The trial court determined that the offenses merged and sentenced Wilkerson to twenty years imprisonment for the aggravated battery. Following the denial of his motion for a new trial, Wilkerson contends that the trial court should have set aside the verdict on aggravated battery, arguing that the indictment failed to allege a criminal act. In addition, he contends that, after finding that the…