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McKENZIE v. STATE

No. S05A0298.

626 S.E.2d 77 (2005)

279 Ga. 265

McKENZIE v. The STATE.

Supreme Court of Georgia.

April 26, 2005.

Attorney(s) appearing for the Case

Robert Parker McFarland Jr., McFarland & Associates, P.C., Cumming, for Appellant.

Leslie Case Abernathy, Solicitor-Gen., Inez Grant, Assistant Solicitor-Gen., Carlton Todd Hayes, Assistant Solicitor-Gen., for Appellee.

Sutherland, Asbill & Brennan, Elizabeth V. Tanis, Sidney L. Moore III, Drew D. Dropkin, amici curiae.

BENHAM, Justice.

After the trial court denied demurrers challenging the constitutionality of the statute appellant Anthony McKenzie was alleged to have violated, appellant stipulated to the evidence and was convicted in a bench trial of twice violating OCGA § 46-5-21(a)(1) as a result of two phone calls he made in June/July 2003. Each of the counts of the accusation on which McKenzie was tried alleged he "did make a phone call ... with conversations containing...

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