Anthony Johnson appeals his conviction by a Hall County jury of two counts of armed robbery, hijacking a motor vehicle, theft by taking a motor vehicle, aggravated assault, and two counts of theft by taking. Johnson claims that the evidence was insufficient to support his convictions for armed robbery, aggravated assault, and hijacking a motor vehicle. Johnson also argues that the trial court erred by admitting into evidence a sign prohibiting smoking near gasoline pumps, by refusing to allow him to argue the significant disparity in sentencing between armed robbery and robbery by intimidation, and by sentencing him separately on each count of armed robbery. In sentencing Johnson, the trial court merged Johnson’s aggravated assault conviction into his armed robbery convictions and Johnson’s theft by taking a motor vehicle conviction into his conviction for hijacking a motor vehicle, but the trial court did not merge the two armed robbery convictions. We agree that the trial court should have merged Johnson’s two armed robbery convictions for purposes of sentencing, and we remand the case with instructions to the trial court to vacate one of the armed robbery convictions. Otherwise, and for the reasons set forth below, we affirm.
Viewing the evidence in a light most favorable to the jury verdict, the record shows that Zul Charania managed an RK Food Mart in Buford. In March 1998, Johnson grabbed two cases of beer and left the store without paying. Charania recorded the tag number of Johnson’s car and called the police. A few days later, Johnson bought a pack of cigarettes from Charania. He left the store and returned for a pack of matches, and then left again, only to return with a gasoline-filled oil can, which he put on the counter. Johnson then picked up a can of motor oil. As Charania was processing the sale, Johnson doused Charania with gasoline. Charania felt the gasoline in his eyes, and he could smell its fumes. Johnson then puffed repeatedly on his lit cigarette, causing the flame at its end to intensify, and profanely insisted that Charania give him “the money” or he would burn Charania with the cigarette. Johnson demanded that Charania give him his wallet and car keys, and Charania complied. He then directed Charania to open the register, and Charania did so with difficulty because he was frightened. Johnson took the money from the register and the car keys from Charania, and, leaving the wallet on the counter, left the store, got into Charania’s 1997 Honda, and drove away. The police later presented Charania with a photographic lineup. Charania identified Anthony Johnson as the perpetrator. 1. In his first enumeration of error, Johnson argues that the evidence was insufficient to support his convictions for armed robbery. The use of an offensive weapon, “or any replica, article or device having the appearance of such weapon,” is an essential element of armed robbery and must be proven by the State. OCGA § 16-8-41 a. Johnson maintains that the State did not prove that his lit cigarette constituted an offensive weapon. However, “the question is whether the defendant’s acts created a reasonable apprehension on the part of the victim that an offensive weapon was being used.” Punctuation omitted. Oliver v. State.1 It is reasonable to believe that Johnson’s lit cigarette became very menacing from the viewpoint of the gasoline-soaked victim. And the victim’s testimony showed that he felt threatened for his life:
