Following a jury trial, Jermaine Omar McKenzie was convicted of armed robbery, aggravated assault, and possession of a firearm during the commission of a felony. He argues on appeal that his sentence is void because his convictions should have merged, and otherwise makes various challenges to the length of the sentence imposed. We find no error and affirm. This is the second time this case has appeared before this Court. In McKenzie v. State , 295 Ga. App. 219 1 671 SE2d 259 2008, we summarized the relevant facts as follows: Just before 3:00 a.m. on December 14, 2006, a gunman with a scarf over his face entered a Waffle House restaurant and demanded money from a waitress. After the waitress gave him funds from the cash register, the gunman asked whether she had “dropped” any money into the lock box, where Waffle House employees put large bills and excess cash from the register. When the waitress denied putting money in the lock box, the gunman pushed his gun against the waitress’ neck, asking whether she wanted to die. The waitress repeated that she had not placed money in the lock box, and the gunman fled. McKenzie was ultimately apprehended and confessed to the crime. After a jury convicted him of armed robbery, aggravated assault, and possession of a firearm during the commission of a felony, the trial court sentenced him to 20 years to serve on the armed robbery, 20 years probation on the aggravated assault, and 5 years probation on the possession of a firearm during the commission of a felony, each to run consecutively.
In McKenzie , 295 Ga. App. at 219-220 1, we held, among other things, that the trial evidence was sufficient to sustain McKenzie’s convictions. See OCGA § § 16-5-21a aggravated assault; 16-8-41 a armed robbery; 16-11-106 possession of a firearm during the commission of a crime. Upon remittitur to the trial court, McKenzie filed a new motion which the trial court construed to be a motion to vacate a void sentence. The trial court denied the motion and it is from that order that McKenzie now appeals.1
