ZACHERY v. STATE

No. A99A2138.

527 S.E.2d 601 (2000)

241 Ga. App. 722

ZACHERY v. The STATE.

Court of Appeals of Georgia.

January 6, 2000.


Attorney(s) appearing for the Case

Marcia G. Shein, Atlanta, for appellant.

David McDade, District Attorney, Jeffrey L. Ballew, Assistant District Attorney, for appellee.


BARNES, Judge.

Robert A. Zachery was indicted and convicted of six counts of robbery and recidivism. The trial court sentenced him to serve 20 years pursuant to the recidivist statute, OCGA § 17-10-7(a), and Zachery appeals. He argues that the trial court erred in failing to merge the six robbery counts into one count and in deciding the recidivist count itself instead of sending it to the jury. We affirm.

1. Zachery was indicted on alternative counts...

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