Shepherd v. State

Pope, Presiding Judge.

Defendant was charged with the offense of child molestation, and following a bench trial, was convicted of sexual battery. Citing Teasley v. State, 207 Ga. App. 719 (429 SE2d 127) (1993) and Proper v. State 208 Ga. App. 471, n. 1 (431 SE2d 133) (1993), defendant argues the trial court was without authority to convict him of sexual battery because that offense is not a lesser included offense of child molestation, either as a matter of fact or of law. See also Perkins v. State, 212 Ga. App. 225, 227 (6) (441 SE2d 511) (1994); Duck v. State, 210 Ga. App. 205, 207 (4) (435…