Public-domain · open source
OpenJurist

174 Ga. App. 471

Roberts v. State

Court of Appeals of Georgia

Decided April 2, 1985

Court of Appeals of Georgia · decided 1985-04-02

Cited by 7 later decisions — most recently December 2007

7 state decisions

Relies on 141 Ga. App. 382 - Miller v. State · 167 Ga. App. 250 - LaPan v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-04-02

View the full empirical analysis of this case →

Beasley, Judge.

¶1The defendant appeals his convictions under two indictments for burglary. Held:

¶2Defense counsel contends that the two indictments charging the defendant with burglary are indistinguishable and thus he should have been sentenced on only one. The district attorney concedes this is true and agrees this case should be remanded for re-sentencing. See Miller v. State, 141 Ga. App. 382 (1) (233 SE2d 460) (1977).

¶3Since the sentences imposed were consecutive, it is necessary that the judgments be reversed and that only one sentence be imposed. Compare LaPan v. State, 167 Ga. App. 250, 254 (305 SE2d 858) (1983).

¶4Judgments reversed and case remanded for proceedings as to sentencing.

Deen, P. J., and Pope, J., concur.
/174/gaapp/471 · .json · Public domain