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McKINLEY v. STATE

No. A10A0324.

692 S.E.2d 787 (2010)

McKINLEY v. The STATE.

Court of Appeals of Georgia.

March 26, 2010.

Attorney(s) appearing for the Case

Glynn R. Stepp, for appellant.

Daniel J. Porter, Dist. Atty., Wesley C. Ross, Asst. Dist. Atty., for appellee.

ELLINGTON, Judge.

A Gwinnett County jury found Marcus McKinley guilty beyond a reasonable doubt of two counts of robbery by intimidation, OCGA § 16-8-40(a)(2), as a lesser included offense of armed robbery, OCGA § 16-8-41(a), and hijacking a motor vehicle, OCGA § 16-5-44.1(b). The charged offenses concerned a single transaction, and the trial court determined that the two counts of robbery merged. Following the denial of his motion for a new trial,...

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