Varner v. State

Mikell, Judge.

Following a jury trial, Dareon Varner was found guilty of armed robbery in violation of OCGA § 16-8-41 (Count 1), aggravated assault with a deadly weapon in violation of OCGA § 16-5-21 (a) (2) (Count 2), and possession of a firearm during the commission of a felony in violation of OCGA § 16-11-106 (Count 3). He was sentenced to twenty years in prison on Count 1 and to five years probation on Count 3, to run consecutively to Count 1; the trial court merged Count 2 into Count 1 for sentencing purposes. Varner appeals the trial court’s denial of his motion for new trial, arguing…