Legal Opinion
Redding v. State
Court of Appeals of Georgia
Decided October 17, 1988No. 76857PublishedCited by 7 opinions
1Opinion of the Court
Banke, Presiding Judge.
The appellant was given consecutive sentences for armed robbery and aggravated battery after pleading guilty to both offenses. On appeal, he contends that the court was not authorized to sentence him for both offenses because they were established by the same conduct. Held:
One crime is included in another as a matter of fact if it is established by proof of the same or less than all of the facts used to prove the other. See OCGA § 16-1-6 (1). A defendant may be tried for both offenses under such circumstances but may not be convicted of both. See OCGA § 16-1-7 (a) (1).…
2Cases cited8 opinions
- Blackledge v. PerrySupreme Court of the United States · 1974
- State v. EstevezSupreme Court of Georgia · 1974
- Hambrick v. StateSupreme Court of Georgia · 1986
- Coaxum v. StateCourt of Appeals of Georgia · 1978
- McClure v. StateCourt of Appeals of Georgia · 1986
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Dotson v. StateCourt of Appeals of Georgia · 1994
- Edmonson v. StateCourt of Appeals of Georgia · 1994
- Kinney v. StateCourt of Appeals of Georgia · 1998
- Jackson v. StateCourt of Appeals of Georgia · 2002
- Jackson v. StateCourt of Appeals of Georgia · 2000
2 more not listed; retrieve them via the Exa API.