In 1988, a Fulton County jury found James Simpson guilty beyond a reasonable doubt of three counts of armed robbery, OCGA § 16-8-41 a. The trial court sentenced him as follows: Count 1, 20 years imprisonment; Count 2, 20 years imprisonment, consecutive to the sentence on Count 1; Count 3, 20 years imprisonment, concurrent with the sentence on Count 2. In 2009, Simpson filed a “Motion to Set Aside Null and Void Conviction and Sentence.” The trial court denied the motion, and Simpson appeals, contending that the sentences are unlawfully consecutive.1 Simpson argues that the sentences impose multiple punishments “for the same offense” in violation of the prohibition of double jeopardy. This argument lacks merit. Count 1 charged Simpson with robbing one victim on May 9, 1987, and Count 2 charged him with robbing the same victim again on May 28, 1987. Count 3 charged him with robbing a second victim on May 29, 1987. Although these three discrete transactions occurred in the same month and violated the same Code section, they do not constitute “the same conduct” under OCGA § 16-1-7 a 1.2 Booker v. State , 231 Ga. 598, 599 1 203 SE2d 194 1974 Where the defendant committed one armed robbery and, one week later, robbed a different victim at a different location, the armed robberies did not arise from “the same conduct.”; Syas v. State , 273 Ga. App. 161, 164 2 614 SE2d 803 2005 Where the defendant carjacked one victim and, three days later, robbed a different victim at a different location, the crimes did not arise from “the same conduct.”; Summers v. State , 263 Ga. App. 338, 340-341 587 SE2d 768 2003 Where the defendant over a period of months unlawfully passed to an accomplice financial identifying information belonging to 35 different victims, the multiple counts of identify fraud did not arise from “the same conduct.” Because Simpson’s sentence was within the statutory range3 and because the law allows separate and consecutive punishment for separate criminal transactions, the trial court did not err in denying Simpson’s motion.4 See Rooney v. State , 287 Ga. at 2 2 “A sentence is void if the court imposes punishment that the law does not allow.” citation and punctuation omitted.
Judgment affirmed. Miller, P.J., and Doyle, J., concur .
