Thomas v. State

Ellington, Judge.

A Chatham County State Court judge found Kirk Frederick Thomas guilty of two counts of stalking, OCGA § 16-5-90, and one count of disorderly conduct (opprobrious words), OCGA§ 16-11-39 (a) (3). Thomas appeals from the denial of his motion for new trial, raising the general grounds and contending the court should have merged his stalking convictions. Finding no error, we affirm.

Upon a finding of guilt following a bench trial, the presumption of innocence no longer applies, and on appeal, the appellate court construes the evidence in favor of the judge’s findings of fact. The…