Lambert v. State

Deen, Presiding Judge.

The defendant was convicted in Coynt 2 of an indictment charging him under Code § 26-1001 with criminal attempt to commit armed robbery. He was convicted in Count 3 of the offense of aggravated assault under Code § 26-1302 by shooting at a security guard.

The defendant was sentenced to ten years under Count 3 and to 10 years under Count 2, sentences to be served consecutively. He complains that a motion to merge the convictions for one sentence; only was erroneously denied in that the evidence shows that as a matter of fact under § 26-505 (a) one is an included crime of…