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GOMEZ-OLIVA v. STATE

No. A11A0952.

717 S.E.2d 689 (2011)

GOMEZ-OLIVA v. The STATE.

Court of Appeals of Georgia.

October 18, 2011.

Attorney(s) appearing for the Case

Lucas Oliver Harsh , Lawrenceville, for appellant.

Daniel J. Porter , Dist. Atty., Richard Allen Vandever , Asst. Dist. Atty., for appellee.

MILLER, Presiding Judge.

Francisco Gomez-Oliva was indicted for rape (OCGA § 16-6-1(a)(D) and kidnapping (OCGA § 16-5-40(a)).1 Following a jury trial, Gomez-Oliva was found guilty of the lesser charge of attempted rape (OCGA §§ 16-4-1, 16-6-1(a)(1)), and he was sentenced to 25 years to serve the first 12 in confinement. Before the trial court entered the conviction, Gomez-Oliva filed a motion for new trial. Gomez-Oliva...

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