RUTLAND v. STATE

No. A08A2372.

675 S.E.2d 506 (2009)

RUTLAND v. The STATE.

Court of Appeals of Georgia.

March 5, 2009.


Attorney(s) appearing for the Case

Brandon A. Bullard, Richard A. Waller Jr., for appellant.

Howard Z. Simms, District Attorney, Dorothy V. Hull, Assistant District Attorney, for appellee.


BERNES, Judge.

Shawn Rutland was convicted of armed robbery, hijacking a motor vehicle, and aggravated assault. Rutland appeals from the trial court's denial of his motion for new trial, challenging the constitutionality of the nonmerger provision in the hijacking a motor vehicle statute, OCGA § 16-5-44.1(d). He also contends that the trial court erred in denying his motion to suppress the pretrial identification evidence and that the trial court applied an incorrect...

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