Regent v. State

As charged in the indictment, the defendant's convictions on one count of aggravated assault and one count of aggravated battery arising out of an incident in which he twice, in quick succession, slashed his girlfriend's throat should have merged.

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Appellant Steven Regent pled guilty to one count of aggravated assault and one count of aggravated battery arising out of an incident in which he twice, in quick succession, slashed his girlfriend’s throat. The Court of Appeals affirmed Regent’s conviction and sentence for each offense, see Regent v. State, 333 Ga. App. 350 774 SE2d 213 2015, and we granted certiorari to review the Court of Appeals’ conclusion that Regent’s convictions do not merge. We now hold that Regent’s conviction for aggravated assault merged with his conviction for aggravated battery, and we reverse the judgment of the Court of Appeals.

A Fulton County grand jury indicted Appellant on one count of aggravated battery and one count of aggravated assault. The indictment charged as follows:

Count 1 of 2

. . . the citizens of Georgia, do charge and accuse Appellant with the offense of Aggravated Assault OCGA § 16 5 21, for the said accused, in the County of Fulton and State of Georgia, on the 27th day of January, 2008, did unlawfully commit an assault upon the victim by cutting her throat with a knife, an object which when used offensively against a person is likely to result in serious bodily injury;—contrary to the laws of said State, the good order, peace and dignity thereof;

Count 2 of 2

. . . and the Grand Jurors aforesaid, in the name and behalf of the citizens of Georgia do charge and accuse Appellant with the offense of Aggravated Battery OCGA § 16 5 24, for said accused, in the County of Fulton and State of Georgia, on the 27th day of January, 2008, did maliciously cause bodily harm to the victim by seriously disfiguring her body; said accused having accomplished said act by slashing her across the throat with a knife;—contrary to the laws of said State, the good order, peace and dignity thereof.

Regent v. State

As charged in the indictment, the defendant's convictions on one count of aggravated assault and one count of aggravated battery arising out of an incident in which he twice, in quick succession, slashed his girlfriend's throat should have merged.

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