Curtis v. State

Full title: CURTIS v. THE STATE

Court: Court of Appeals of Georgia

Date published: Nov 21, 2002

574 S.E.2d 626 (Ga. Ct. App. 2002)

258 Ga. App. 530

Opinion

A01A1272.

DECIDED: NOVEMBER 21, 2002

Armed robbery, etc. Fulton Superior Court. Before Judge Lane.

Charles H. Frier, for appellant.

Paul L. Howard, Jr., District Attorney, Christopher M. Quinn, Assistant District Attorney, for appellee.

ELLINGTON, Judge.

DeMario Curtis was convicted of armed robbery, OCGA § 16-8-41, kidnapping, OCGA § 16-5-40, and aggravated assault, OCGA § 16-5-21. Curtis appealed to this Court, and we affirmed his conviction in Curtis v. State, 251 Ga. App. XXVI (2001 (not to be officially reported).

The Supreme Court granted certiorari and reversed our finding that Curtis had waived the issue of whether his convictions merged as a matter of fact by failing to raise the issue in the trial court. Curtis v. State, 275 Ga. 576 ( 571 S.E.2d 376) (2002). Accordingly, our ruling is vacated and the judgment of the Supreme Court is made the judgment of this Court.

Judgment affirmed in part, reversed in part. Johnson, P.J., and Ruffin, J., concur.

ELLINGTON, Judge.

DECIDED NOVEMBER 21, 2002.