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CUBIA v. STATE

No. A09A0227.

681 S.E.2d 195 (2009)

CUBIA v. The STATE.

Court of Appeals of Georgia.

July 7, 2009.

Attorney(s) appearing for the Case

Martin H. Eaves, for appellant.

Richard Ernest Currie, Dist. Atty., Melanie J. Brogden, Asst. Dist. Atty., for appellee.

BERNES, Judge.

Following a trial by jury, Angelo Cubia was convicted of aggravated assault with intent to rape.1 On appeal from the denial of his motion for new trial, Cubia contends that 1) the evidence was insufficient to sustain his conviction; 2) the trial court erred in failing to merge the aggravated assault and attempted rape charges prior to trial; 3) the trial court erred in refusing to apply the rule of lenity; and 4) the prosecutor...

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