Sims v. State

Clarke, Chief Justice.

Albert Sims was convicted of sexually molesting a three-year-old child, and sentenced to 20 years imprisonment. Jurisdiction in this court is predicated on the defendant’s constitutional challenge to OCGA § 24-9-5 (b).

The evidence showed that the victim lived near the defendant. On the day in question the victim was playing with the step-granddaughter of the defendant. The defendant’s wife told the victim to go home because she and the grandchild needed to go into Atlanta. The victim left, but it is not disputed that she returned on her own to continue playing with the…