Merger

Under O.C.G.A. § 16-1-7 (a), when the same conduct of an accused may establish the commission of more than one crime, the accused may be prosecuted for each crime. Alvelo v. State, 290 Ga. 609 (2012). He may not, however, be convicted of more than one crime if one crime is included in the other. Under O.C.G.A. § 16-1-6 (1), one crime is included in another crime where it is established by proof of the same or less than all the facts or a less culpable mental state than is required to establish the commission of the other crime. Benn v. State, 309 Ga. App. 373 (2011); Hudson v. State, 309 Ga. App. 580 (2011). In this situation, one of the convictions merges into the other and the defendant is sentenced only on the remaining count. In Drinkard v. Walker, 281 Ga. 211 (2006), the Georgia  Supreme  Court  adopted  the  "required (2011). Felony offenses do not merge into misdemeanors. Gross v. State, 312 Ga. App. 362 (2011); Helmeci v. State, 230 Ga. App. 866 (1998).