COATES v. the STATE.

Court of Appeals of Georgia

COATES v. the STATE.

819 S.E.2d 687, 347 Ga. App. 390

Procedural entryThis page is a short order in COATES v. the STATE.. Read the opinion of the Court — 342 Ga. App. 148 →

Court of Appeals of Georgia·Decided September 27, 2018·No. A17A1098·Published

Opinion

Barnes, Presiding Judge.

*390 Hubert Coates was convicted of one count of possession of less than an ounce of marijuana and four counts of possession of a firearm by a convicted felon. The trial court sentenced Coates separately on each count, with the sentences to run consecutively. Coates filed a motion for new trial and to amend his sentence, which the trial court denied. Coates appealed, contending that the trial court erred in failing to merge his four firearm convictions. In Coates v. State , 342 Ga. App. 148 , 802 S.E.2d 65 (2017), we affirmed Coates' convictions and sentences. However, in Coates v. State , --- Ga. ----, 818 S.E.2d 622 , 2018 WL 4054930 , (Case No. S17G1949, decided Aug. 27, 2018), the Supreme Court reversed this Court's decision, vacated *391 Coates' convictions and sentences for the four counts of possession of a firearm by a convicted felon, and remanded for the trial court to convict and sentence Coates on only one of those counts. Therefore, we vacate our earlier opinion and adopt the opinion of the Supreme Court as our own.

Judgment vacated in part and case remanded with direction.

McMillian and Mercier, JJ., concur.

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Barnes, Presiding Judge.

*390 Hubert Coates was convicted of one count of possession of less than an ounce of marijuana and four counts of possession of a firearm by a convicted felon. The trial court sentenced Coates separately on each count, with the sentences to run consecutively. Coates filed a motion for new trial and to amend his sentence, which the trial court denied. Coates appealed, contending that the trial court erred in failing to merge his four firearm convictions. In Coates v. State , 342 Ga. App. 148 , 802 S.E.2d 65 (2017), we affirmed Coates' convictions and sentences. However, in Coates v. State , --- Ga. ----, 818 S.E.2d 622 , 2018 WL 4054930 , (Case No. S17G1949, decided Aug. 27, 2018), the Supreme Court reversed this Court's decision, vacated *391 Coates' convictions and sentences for the four counts of possession of a firearm by a convicted felon, and remanded for the trial court to convict and sentence Coates on only one of those counts. Therefore, we vacate our earlier opinion and adopt the opinion of the Supreme Court as our own.

Judgment vacated in part and case remanded with direction.

McMillian and Mercier, JJ., concur.

COATES v. the STATE., 819 S.E.2d 687, 347 Ga. App. 390 (Ga. Ct. App. 2018).

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