Southwell v. State

Branch, Judge.

On this pro se appeal from the denial of his motion to modify the sentence imposed after he pled guilty to robbery by intimidation and felony theft by taking, Joseph Southwell argues that his prosecution for the two crimes violated the Double Jeopardy Clauses of the United States and Georgia Constitutions and that the two crimes should have been merged for sentencing purposes. Southwell also argues that trial counsel was ineffective in failing to raise this objection below. We find no error and affirm.

1. Southwell has raised what is known as a “substantive double jeopardy”…