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McGlasker v. State

The trial court erred in failing to merge the defendant's aggravated assault and armed robbery counts for sentencing, since the assault with the gun occurred during the armed robbery.

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Whitney McGlasker appeals from the denial of her motion for new trial following her convictions for three counts of armed robbery and four counts of aggravated assault. On appeal, she contends that the State presented insufficient evidence of venue, the trial court erred in failing to merge for sentencing purposes a count of aggravated assault into a count of armed robbery of the same victim, and that trial counsel was ineffective for not requesting the merger. Following our review, we affirm in part, vacate in part and remand for resentencing.

On appeal from a criminal conviction, we construe the evidence in the light most favorable to the jury’s verdict and the defendant no longer enjoys a presumption of innocence. Bryan v. State, 271 Ga. App. 60 1 608 SE2d 648 2004. We do not weigh the evidence or determine witness credibility, but determine only whether any rational trier of fact could have found the defendant guilty beyond a reasonable doubt. See Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

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