Prescott v. State

Court of Appeals of Georgia

Prescott v. State

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

CourtCourt of Appeals of Georgia

DecidedMarch 22, 2012

DocketA11A0695

StatusPublished

This text of 726 S.E.2d 599 (Prescott 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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Prescott v. State, 726 S.E.2d 599, 315 Ga. App. 67, 2012 Fulton County D. Rep. 1299, 2012 Ga. App. LEXIS 315 (Ga. Ct. App. 2012).

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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.

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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.

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Bluebook (online)

726 S.E.2d 599, 315 Ga. App. 67, 2012 Fulton County D. Rep. 1299, 2012 Ga. App. LEXIS 315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prescott-v-state-gactapp-2012.

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