Roberts v. State

Full title: ROBERTS v. THE STATE

Court: Court of Appeals of Georgia

Date published: Apr 2, 1985

330 S.E.2d 597 (Ga. Ct. App. 1985)

174 Ga. App. 471

Opinion

69990.

DECIDED APRIL 2, 1985.

Burglary. Catoosa Superior Court. Before Judge Loggins.

Edgar A. Callaway, Jr., for appellant.

David L. Lomenick, Jr., District Attorney, David L. Whitman, Assistant District Attorney, for appellee.

BEASLEY, Judge.

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

Defense 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 S.E.2d 460) (1977).

Since 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 S.E.2d 858) (1983).

Judgments reversed and case remanded for proceedings as to sentencing. Deen, P. J., and Pope, J., concur.

BEASLEY, Judge.

DECIDED APRIL 2, 1985.