A Douglas County jury found Jesus Garibay guilty of armed robbery, OCGA § 16-8-41; aggravated assault, OCGA § 16-5-21; theft by receiving motor vehicle, OCGA § 16-8-7; two counts of possession of a firearm during the commission of a crime, OCGA § 16-11-106; reckless driving, OCGA § 40-6-390; and fleeing or attempting to elude a police officer, OCGA § 40-6-395. We affirmed his convictions and sentence on direct appeal in Garibay v. State , 275 Ga. App. 170 620 SE2d 424 2005. Two years later, Garibay filed in the trial court a “Motion to Correct Illegal and Void Sentence,” arguing that certain offenses of which he was convicted were included as a matter of fact in other offenses and, therefore, that his sentences as to the included offenses are void. The trial court denied the motion, and Garibay appeals. 1. It is the duty of this Court in all instances to inquire into our jurisdiction. Segura v. State , 280 Ga. App. 685, 686 1 634 SE2d 858 2006. Ordinarily, our determination on direct appeal of a criminal judgment is res judicata, and a criminal defendant is not entitled to another bite at the apple by way of a second appeal. Jackson v. State , 273 Ga. 320 540 SE2d 612 2001; Stirling v. State , 199 Ga. App. 877 406 SE2d 282 1991. A sentence which is void for any reason, however, is a “mere nullity” and may be vacated at any time in any court “where it becomes material to the interest of the parties to consider it.” Citation and punctuation omitted. Curtis v. State , 275 Ga. 576, 578 1 571 SE2d 376 2002. “A sentence is void if the court imposes punishment that the law does not allow.” Citation and punctuation omitted. Id. Specifically, “the judgment of conviction and the sentence imposed for offenses included as a matter of fact or law in another offense arising out of the same facts for which the defendant has been found guilty and been sentenced” are void. Id. at 577 1. This is because under Georgia law the issue of included offenses is “a matter of statutory double jeopardy.” Id. See OCGA § 16-1-7 barring successive prosecutions and multiple convictions for the same conduct. Finally, the denial of a motion to correct a void sentence is directly appealable. Williams v. State , 271 Ga. 686, 689 1 523 SE2d 857 1999. For these reasons, we have jurisdiction over Garibay’s appeal.
2. Garibay contends that the offense of armed robbery included the offense of aggravated assault as a matter of fact. As a result, Garibay contends, the trial court should have merged the aggravated assault, and the sentence thereon must be vacated.
