Hart v. Wharton

Supreme Court of Georgia

Hart v. Wharton

419 S.E.2d 22, 262 Ga. 374

CourtSupreme Court of Georgia

DecidedJuly 16, 1992

DocketS92A0609

StatusPublished

This text of 419 S.E.2d 22 (Hart v. Wharton) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hart v. Wharton, 419 S.E.2d 22, 262 Ga. 374 (Ga. 1992).

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Opinion

Hunt, Justice.

We granted this petition for the writ of habeas corpus to determine whether the trial court erred in holding petitioner had waived his claims regarding the sufficiency of the evidence and double jeopardy. However, we need not make that determination because our review of the record indicates these claims are without merit. Contrary to petitioner’s contention, the convictions on the two counts for child molestation are supported by different facts, constituting separate offenses, so that the counts do not merge as a matter of fact or law. See Williams v. State, 195 Ga. App. 476, 479 (3) (394 SE2d 123) (1990). Further, viewing the evidence in the light most favorable to the jury’s verdict, there was sufficient evidence for the jury to find petitioner guilty beyond a reasonable doubt of all crimes for which he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

Judgment affirmed.

All the Justices concur.

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Hunt, Justice.

We granted this petition for the writ of habeas corpus to determine whether the trial court erred in holding petitioner had waived his claims regarding the sufficiency of the evidence and double jeopardy. However, we need not make that determination because our review of the record indicates these claims are without merit. Contrary to petitioner’s contention, the convictions on the two counts for child molestation are supported by different facts, constituting separate offenses, so that the counts do not merge as a matter of fact or law. See Williams v. State, 195 Ga. App. 476, 479 (3) (394 SE2d 123) (1990). Further, viewing the evidence in the light most favorable to the jury’s verdict, there was sufficient evidence for the jury to find petitioner guilty beyond a reasonable doubt of all crimes for which he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

Judgment affirmed.

All the Justices concur.

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419 S.E.2d 22, 262 Ga. 374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hart-v-wharton-ga-1992.

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