No. A98A2440.

510 S.E.2d 605 (1998)

235 Ga. App. 847


Court of Appeals of Georgia.

December 28, 1998.

Attorney(s) appearing for the Case

Cheryl F. Custer, District Attorney, Andrea M. Dyer, Assistant District Attorney, for appellant.

John P. Howell, Covington, for appellee.


Lawrence Dean allegedly struck and bloodied his wife in May 1997. Dean moved to dismiss an indictment alleging felony family violence batteries under OCGA § 16-5-23.1(f)(2), on the ground that an element of the crime was a previous conviction of a family violence battery. In 1994, before the 1996 enactment of OCGA § 16-5-23.1(f) defining the offense of "family violence battery,"1 Dean had been convicted of battery...

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