McCranie v. State

Quillian, Chief Judge.

This is an appeal from the denial of a motion to modify defendant’s conviction and sentence.

On his plea of guilty defendant was convicted in December 1976 of the offenses of statutory rape and incest because of an act of sexual intercourse with his 13-year-old daughter and was sentenced to 20 years for each of the offenses, to be served concurrently.

In May 1980 defendant moved to modify the judgment and sentence on the ground that he should not have been convicted and sentenced for both incest and statutory rape because Code Ann. § 26-506 (a) (Ga. L. 1968, pp. 1249,1267)…