Newport v. State

McMurray, Presiding Judge.

Defendant was tried before a jury and convicted of aggravated child molestation and child molestation. This appeal followed the denial of defendant’s motion for new trial. Held:

1. Defendant contends the trial court erred in sentencing him for two separate offenses, arguing that the two offenses involved the same conduct and the same victim.

“ ‘If both convictions were based upon the same, single act, only one conviction could stand. (Cit.)’ Garrett v. State, 188 Ga. App. 176 (3) (372 SE2d 506) (1988). See also LaPalme v. State, 169 Ga. App. 540 (1) (313 SE2d 729)…