COATES v. the STATE.

Court of Appeals of Georgia

COATES v. the STATE.

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

CourtCourt of Appeals of Georgia

DecidedSeptember 27, 2018

DocketA17A1098

StatusPublished

This text of 819 S.E.2d 687 (COATES v. the STATE.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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Bluebook (online)

819 S.E.2d 687, 347 Ga. App. 390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coates-v-the-state-gactapp-2018.

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