COATES v. STATE (2018)

Court of Appeals of Georgia.

COATES v. The STATE.

A17A1098

Decided: September 27, 2018

Joshua Andrew Larkey, Fitzgerald, for Appellant. George E. Barnhill, Dist. Atty., Waycross, Ian Louis Sansot, Asst. Dist. Atty., for Appellee.

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, 304 Ga. 329, 818 S.E.2d 622 (2018), the Supreme Court reversed this Court’s decision, vacated 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.

Barnes, Presiding Judge.

McMillian and Mercier, JJ., concur.

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