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Nolley v. State

The evidence supported the defendant's convictions on several counts of violating the Street Gang Terrorism and Prevention Act.

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Darnell C. Nolley was found guilty by a jury of criminal attempt to commit armed robbery count 1; aggravated assault count 2; seventeen violations of the Street Gang Terrorism and Prevention Act the Street Gang Act counts 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19; possession of a firearm during the commission of the felony offense of criminal attempt to commit armed robbery count 20; possession of a firearm during the commission of the felony offense of aggravated assault count 21; and misdemeanor obstruction of a police officer count 22. By merger with other counts, the trial court subsequently vacated the convictions on counts 2, 4, 6, 10, and 21. On appeal, Nolley contends: 1 that the evidence was insufficient to support his convictions for violation of the Street Gang Act on the remaining counts 3, 5, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, and 19; and 2 that the trial court erred by failing to merge all of the remaining counts charging violation of the Street Gang Act into count 11. We find the evidence was sufficient to support the convictions on all the counts except count 18, on which there was an absence of evidence in the record to prove venue. The trial court did not err by failing to merge all of the Street Gang Act counts into count 11. We conclude for other reasons that counts 8, 9 and 11 must also be vacated and the case remanded for resentencing.

1. The indictment charged that Nolley violated various provisions of the Street Gang Act OCGA § 16-15-1 et seq.. Specifically, Nolley was charged with violation of subsections a, b, d, and e of OCGA § 16-15-4.

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