Hernandez v. State

MILLER, Presiding Judge.

ADeKalb County jury convicted Jose Hernandez of two counts of aggravated child molestation (OCGA § 16-6-4 (c)) and three counts of child molestation (OCGA § 16-6-4 (a) (1)). Hernandez appeals, contending that the trial court erred in denying his motion for a directed verdict of acquittal since (i) there was a fatal variance between the aggravated child molestation allegations in the indictment and the evidence presented at trial and (ii) the State failed to prove venue beyond a reasonable doubt. We discern no error and affirm.

Viewed in the light most favorable to the…