Glisson v. State

Court of Appeals of Georgia

Glisson v. State

353 S.E.2d 202, 181 Ga. App. 585, 1987 Ga. App. LEXIS 1495

CourtCourt of Appeals of Georgia

DecidedJanuary 21, 1987

Docket73793

StatusPublished

Cited by4 cases

This text of 353 S.E.2d 202 (Glisson v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Glisson v. State, 353 S.E.2d 202, 181 Ga. App. 585, 1987 Ga. App. LEXIS 1495 (Ga. Ct. App. 1987).

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Opinion

Deen, Presiding Judge.

Nathan Glisson appeals from his convictions of child molestation and statutory rape contending that it was error for the trial court to permit the jury to convict him of both offenses as they constituted multiple prosecution for the same crime and that the court further erred in the charge on child molestation.

1. The appellant is correct in his assertion that it was error to convict him of child molestation and statutory rape for the same conduct. He may be prosecuted for both offenses, but he may not be convicted of both. Coker v. State, 164 Ga. App. 493 (297 SE2d 68) (1982); Lamar v. State, 243 Ga. 401 (254 SE2d 353) (1979). The error in the instant case was harmless, however, because the trial court merged the offenses at sentencing and he was sentenced only on the statutory rape count which was the greater offense.

2. As his conviction for child molestation was rendered void by the merger of offenses at sentencing, his enumeration of error as to the correctness of the court’s charge on child molestation is rendered moot.

Judgment affirmed.

Birdsong, C. J., and Pope, J., concur.

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Deen, Presiding Judge.

Nathan Glisson appeals from his convictions of child molestation and statutory rape contending that it was error for the trial court to permit the jury to convict him of both offenses as they constituted multiple prosecution for the same crime and that the court further erred in the charge on child molestation.

1. The appellant is correct in his assertion that it was error to convict him of child molestation and statutory rape for the same conduct. He may be prosecuted for both offenses, but he may not be convicted of both. Coker v. State, 164 Ga. App. 493 (297 SE2d 68) (1982); Lamar v. State, 243 Ga. 401 (254 SE2d 353) (1979). The error in the instant case was harmless, however, because the trial court merged the offenses at sentencing and he was sentenced only on the statutory rape count which was the greater offense.

2. As his conviction for child molestation was rendered void by the merger of offenses at sentencing, his enumeration of error as to the correctness of the court’s charge on child molestation is rendered moot.

Judgment affirmed.

Birdsong, C. J., and Pope, J., concur.

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353 S.E.2d 202, 181 Ga. App. 585, 1987 Ga. App. LEXIS 1495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glisson-v-state-gactapp-1987.

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