NEWPORT v. STATE

No. A96A2505.

480 S.E.2d 868 (1997)

224 Ga. App. 481

NEWPORT v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied February 4, 1997.

Certiorari Denied May 2, 1997.


Attorney(s) appearing for the Case

Mitchell & Mitchell, E. Neil Wester, III, Gee G. Vaughn, Dalton, for appellant.

Kermit N. McManus, District Attorney, Stephen E. Spencer, Assistant District Attorney, for appellee.


McMURRAY, Presiding Judge.

Defendant was tried before a jury and convicted of aggravated child molestation and child molestation. This appeal followed the denial of defendant's motion for new trial. Held:

1. Defendant contends the trial court erred in sentencing him for two separate offenses, arguing that the two offenses involved the same conduct and the same victim.

"`If both convictions were based upon the same, single act, only one conviction...

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