Hubert Coates v. State

FIRST DIVISION
BARNES, P. J.,
MCMILLIAN and MERCIER, JJ.
NOTICE: Motions for reconsideration must be
physically received in our clerk’s office within ten
days of the date of decision to be deemed timely filed.
http://www.gaappeals.us/rules
September 27, 2018
In the Court of Appeals of Georgia
A17A1098. COATES v. THE STATE.
BARNES, Presiding Judge.
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
SE2d 65) (2017), we affirmed Coates’ convictions and sentences. However, in Coates
v. State, __ Ga. __ (__ SE2d __) (Case No. S17G1949, decided Aug. 27, 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. McMillian and
Mercier, JJ., concur.
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