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Perry v. State

The defendant's case was still pending in the trial court and was not ripe for appeal, since the trial court failed to enter a written sentence on each count for which he was found guilty.

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A jury found Randarius Perry guilty of four counts of violating the Georgia Street Gang Terrorism and Prevention Act OCGA § 16-15-1 et seq. Counts 57 through 60, armed robbery OCGA § 16-8-41 a Count 61, aggravated assault OCGA § 16-5-21 a 1 2010 Count 62, and two counts of possession of a firearm during the commission of a felony OCGA § 16-11-106 b 1 Counts 63 and 64. Perry appeals from his convictions, however, the case is not final and ripe for appeal.

At sentencing, the trial court orally announced that Count 58 would merge into Count 57, Count 60 would merge into Count 59, Count 62 merged into Count 61, and count 64 merged into Count 63. The record, however, shows that the court only entered written sentences on Counts 57, 59, 61, and 63. The trial court did not enter written sentences on Counts 58, 60, 62, or 64, nor did the trial court enter a notation showing that these counts merged into other counts for purposes of sentencing.

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