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HERNANDEZ v. STATE

No. A12A2007.

738 S.E.2d 701 (2013)

319 Ga. App. 876

HERNANDEZ v. The STATE.

Court of Appeals of Georgia.

February 22, 2013.

Attorney(s) appearing for the Case

Benjamin A. Davis Jr. , Atlanta, for Appellant.

Robert D. James Jr. , Leonora Grant, for Appellee.

MILLER, Presiding Judge.

A DeKalb County jury convicted Jose Hernandez of two counts of aggravated child molestation (OCGA § 16-6-4(c)) and three counts of child molestation (OCGA § 16-6-4(a)(1)). Hernandez appeals, contending that the trial court erred in denying his motion for a directed verdict of acquittal since (i) there was a fatal variance between the aggravated child molestation allegations in the indictment...

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