Legal Opinion

Gioia v. State

Court of Appeals of Georgia

Decided December 9, 2010No. A10A2249PublishedCited by 6 opinions

1Opinion of the Court

Johnson, Judge.

After a jury trial, Phillip Gioia was convicted of two counts of child molestation and one count of aggravated child molestation. He appeals, raising challenges to the sufficiency of the evidence and the sentences imposed by the trial court. We affirm the convictions, but vacate the sentence for the aggravated child molestation conviction, and remand for resentencing as to that count.

1. Gioia claims that the trial court erred in denying his motion for a directed verdict of acquittal. The standard of review for such a denial is the same as that used for determining the…

2Cases cited4 opinions

  1. Drinkard v. WalkerSupreme Court of Georgia · 2006
  2. Vaughn v. StateCourt of Appeals of Georgia · 2009
  3. Funderburk v. StateSupreme Court of Georgia · 2003
  4. Zuniga v. StateCourt of Appeals of Georgia · 2009

3Cited by6 opinions

  1. Jones v. StateSupreme Court of Georgia · 2012
  2. Smith v. StateCourt of Appeals of Georgia · 2013
  3. Hernandez v. StateCourt of Appeals of Georgia · 2013
  4. Brandoyn Brecion Brailsford v. StateCourt of Appeals of Georgia · 2023
  5. Jose Hernandez v. StateCourt of Appeals of Georgia · 2013

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