GA 16-7-88 - GA 16-7-88

JUDICIAL DECISIONS Separate victims. - In a prosecution under O.C.G.A. § 16-7-88(a) , a defendant may be convicted separately for possession of a destructive device with the intent to intimidate as to each individual victim who was the specific target of such intent. Mason v. State, 312 Ga. App. 723 , 719 S.E.2d 581 (2011). Possession of destructive device offense did not merge with aggravated assault. - Defendant's aggravated assault convictions and the defendant's possession of a destructive device convictions did not merge because the possession offense required that the weapon function in a certain way and have certain dimensions, and the assault offense required that the victim was conscious of the risk of immediately receiving a violent injury by use of an offensive weapon. Because e...