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Curtis v. State

Citations

  • 571 S.E.2d 376
  • 275 Ga. 576
  • 2002 Fulton County D. Rep. 2980
  • 2002 Ga. LEXIS 918

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • overruling a line of cases in which the Court of Appeals held that a defendant could waive the issue of merger of included offenses by failing to raise it in the trial court
  • issue of merger of included offenses not waived by the defendant’s failure to object at trial
  • no merger of kidnapping and aggravated assault when knife did not appear until after the asportation of the victim
  • a sentence which violates OCGA § 16-1-7 (a) (1), by sentencing a defendant for an offense which is included in another offense, is illegal and void
  • gun used only once, to take control of car, not separately as a threat
  • aggravated assault conviction merged into armed robbery conviction where there was “no evidence that [the defendant] made any other use of the gun other than to take control of the car”

Source: CourtListener parenthetical corpus (CC0).

Judges: Benham

Read full opinion on CourtListener

Cited by

95 cases in this archive cite this case; the 20 most cited are listed.

Cites

29 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.