Sweet v. State

McMurray, Presiding Judge.

Defendant was indicted for enticing a child for indecent purposes, child molestation and aggravated child molestation. The case was tried before a jury and defendant was found guilty on all three counts. This appeal followed. Held:

1. First, defendant contends the offense of aggravated child molestation factually merged with the offense of child molestation, resulting in error in the imposition of a separate sentence for each crime.

“ ‘(O)ffenses merge as a matter of fact pursuant to OCGA § 16-1-6 (1) if one of them is established by proof of the same or less than all…