In determining whether one crime factually merged into another, the dispositive issue is whether the state used up its evidence in proving the crime. If the state uses up all the evidence that the defendant committed one crime in establishing another crime, the former crime is included in the latter as a matter of fact under OCGA ยง 16-1-6.Fraser v. State, 263 Ga. App. 764, 766 (2) ( 589 SE2d 329) (2003) (punctuation and footnote omitted); see also Curtis v. State, 275 Ga. 576, 577 (1) ( 571 SE2d 376) (2002). We reject Lawson's contention because he has failed to show that the aggravated assault was established by the same facts used to prove the simple battery.