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Johnson v. State

The defendant's convictions for armed robbery and aggravated assault did not merge, since the two convictions were not premised upon the same conduct.

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Following a jury trial, Gary Wendell Johnson was convicted on two counts of armed robbery, one count of aggravated assault, and one count of possession of a firearm during the commission of a crime. The trial court merged the two counts of armed robbery for sentencing purposes. Johnson argues on appeal that his conviction on aggravated assault should have also been merged into the armed robbery conviction; that the trial court erroneously admitted similar transaction evidence based upon hearsay testimony; and that his counsel rendered ineffective assistance. We find no error and affirm. On appeal from a criminal conviction, we view the evidence in the light most favorable to uphold the jury’s verdict. Hill v. State , 298 Ga. App. 677 1 680 SE2d 702 2009. We do not reweigh the evidence or judge witness credibility; rather, we determine only whether the evidence was sufficient for a rational trier of fact to conclude that the defendant committed the crimes charged beyond a reasonable doubt. Id. See Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

So viewed, the evidence presented at trial showed that on the night in question, Johnson had smoked copious amounts of crack cocaine with a female friend. Desiring more cocaine but having no more money, Johnson directed his female friend to drive him to the home of the victim, a 71-year-old man, whom Johnson had known for many years. As the friend waited in the car, she observed Johnson knock on the door of the victim’s residence. When the victim opened the door, Johnson entered and asked the victim if he had any money. The victim answered in the negative, at which time Johnson grabbed him, “put something to his neck,” and said, “this is a robbery.” A struggle ensued, during which the victim attempted to retrieve his sawed-off shotgun from the floor nearby. The victim then received a powerful blow to his head and was rendered unconscious.

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