HOWARD v. STATE

No. A09A0780.

679 S.E.2d 104 (2009)

HOWARD v. The STATE.

Court of Appeals of Georgia.

May 21, 2009.


Attorney(s) appearing for the Case

Carl P. Greenberg, for appellant.

Paul L. Howard, Jr., Dist. Atty., Peggy R. Katz, Asst, Dist. Atty., for appellee.


BARNES, Judge.

In March 2001, following a jury trial, Rico Howard was found guilty of armed robbery and aggravated assault. He timely filed a motion for new trial, which following a hearing in May 2007, was denied by the trial court on January 11, 2008. He appeals, contending that the trial court improperly commented on his absence from the second day of trial, and that the trial court erred in sentencing him because the aggravated assault conviction should have merged...

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