STATE v. FULLER

No. A03A1918.

599 S.E.2d 3 (2004)

267 Ga.App. 40

The STATE v. FULLER.

Court of Appeals of Georgia.

Reconsideration Denied April 14, 2004.


Attorney(s) appearing for the Case

Paul L. Howard, Jr., District Attorney, Marc A. Mallon, Assistant District Attorney, Atlanta, for appellant.

Michelle L. Gopman, Atlanta, Kenneth D. Kondritzer, for appellee.


PHIPPS, Judge.

The trial court granted Evan Fuller's plea in bar, and the state appeals, arguing that the kidnapping charge against him should not have been dismissed. Fuller contends that a conviction on that charge would be void as mutually exclusive of his prior conviction of theft by receiving stolen property. Because Fuller's contention has no merit, we reverse.

Brian Lovell reported to police that on July 4, 2002, a man followed him to his car, a Honda...

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