NELSON v. STATE

No. A12A1714.

739 S.E.2d 754 (2013)

320 Ga. App. 295

NELSON v. The STATE.

Court of Appeals of Georgia.

March 12, 2013.


Attorney(s) appearing for the Case

Kevin Armstrong , Leisa G. Johnson , for Appellant.

Gregory W. Edwards , Arkesia Shimira Jenkins , for Appellee.


ANDREWS, Presiding Judge.

Following a jury trial, Joseph Nelson appeals his conviction for child molestation. He contends the trial court erred by instructing the jury, in violation of his constitutional due process rights, that child molestation was a lesser included offense of statutory rape. Because we find that child molestation is not a lesser included offense of statutory rape under the required evidence test, we must reverse Nelson's conviction.

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