Prescott v. State

726 S.E.2d 599, 315 Ga. App. 67, 2012 Fulton County D. Rep. 1299, 2012 Ga. App. LEXIS 315

Opinion

McFADDEN, Judge.

In Prescott v. State, 309 Ga. App. 541 (710 SE2d 672) (2011), we reversed Richard Jerome Prescott’s child molestation conviction. In Division 1 of the opinion, we held that competent testimony proved the victim’s age, but in Division 2, we held that the state failed to prove venue. The Supreme Court granted certiorari and, in State v. Prescott, 290 Ga. 528 (722 SE2d 738) (2012), reversed our judgment, holding that the evidence, albeit circumstantial, was sufficient to prove venue beyond a reasonable doubt. Therefore, Division 2 of our opinion and our judgment in Prescott, 309 Ga. App. 541, is vacated, the judgment of the Supreme Court is made the judgment of this court, and Prescott’s conviction is affirmed.

Judgment affirmed.

Phipps, P. J., and Andrews, J., concur.