Tompkins v. State

Court of Appeals of Georgia

Tompkins v. State

610 S.E.2d 646, 271 Ga. App. 671, 2005 Fulton County D. Rep. 549, 2005 Ga. App. LEXIS 132

CourtCourt of Appeals of Georgia

DecidedFebruary 17, 2005

DocketA03A1714

StatusPublished

This text of 610 S.E.2d 646 (Tompkins 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.

Bluebook

Tompkins v. State, 610 S.E.2d 646, 271 Ga. App. 671, 2005 Fulton County D. Rep. 549, 2005 Ga. App. LEXIS 132 (Ga. Ct. App. 2005).

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Opinion

JOHNSON, Presiding Judge.

We previously vacated Steve Tompkins’ convictions for two counts of child molestation and remanded the case for a new trial.¹ In that same opinion, we also held that Tompkins had waived the right to contest the sufficiency of the evidence of venue on appeal.² The Supreme Court has ruled that our holding on the issue of venue was erroneous and that Tompkins’ convictions should have been reversed for this additional reason, directing that on retrial the state must establish venue, as well as the other elements of the crimes charged.³ The opinion of the Supreme Court is hereby made the opinion of this court. Accordingly, Tompkins’ convictions are reversed and the case is remanded for a new trial as directed by the Supreme Court.

Judgment reversed and case remanded with direction.

Ruffin, C. J., Andrews, P. J., Blackburn, P. J., Smith, P. J., Barnes, Miller, Ellington, Phipps, Mikell, Adams and Bernes, JJ., concur. [672]*672Decided February 17, 2005. Murrin & Wallace, Stephen B. Murrin, Michael R. Duponte, Brian Steel, for appellant. Patrick H. Head, District Attorney, Amelia G. Pray, Lori Zamberletti-Cheatham, Assistant District Attorneys, for appellee.

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JOHNSON, Presiding Judge.

We previously vacated Steve Tompkins’ convictions for two counts of child molestation and remanded the case for a new trial.¹ In that same opinion, we also held that Tompkins had waived the right to contest the sufficiency of the evidence of venue on appeal.² The Supreme Court has ruled that our holding on the issue of venue was erroneous and that Tompkins’ convictions should have been reversed for this additional reason, directing that on retrial the state must establish venue, as well as the other elements of the crimes charged.³ The opinion of the Supreme Court is hereby made the opinion of this court. Accordingly, Tompkins’ convictions are reversed and the case is remanded for a new trial as directed by the Supreme Court.

Judgment reversed and case remanded with direction.

Ruffin, C. J., Andrews, P. J., Blackburn, P. J., Smith, P. J., Barnes, Miller, Ellington, Phipps, Mikell, Adams and Bernes, JJ., concur. [672]*672Decided February 17, 2005. Murrin & Wallace, Stephen B. Murrin, Michael R. Duponte, Brian Steel, for appellant. Patrick H. Head, District Attorney, Amelia G. Pray, Lori Zamberletti-Cheatham, Assistant District Attorneys, for appellee.

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Bluebook (online)

610 S.E.2d 646, 271 Ga. App. 671, 2005 Fulton County D. Rep. 549, 2005 Ga. App. LEXIS 132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tompkins-v-state-gactapp-2005.

Opinion

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