Hilliard v. State

McMurray, Presiding Judge.

Defendant Hilliard appeals his convictions of two counts of aggravated child molestation, one count of child molestation and the consecutive sentences imposed by the trial court. Held:

1. The trial court erred in imposing separate sentences for the two convictions of aggravated child molestation. The two charges were indistinguishable since all of the averments including date (which was not made an essential element), victim, and description of defendant’s conduct constituting the offense were identical. This lack of particularization permits the imposition of only…