Sylvester v. State

Banke, Judge.

The defendant was convicted of rape, aggravated assault, and theft by taking. On appeal, he contends that the jury’s verdict is not supported by the evidence and that the trial court erred in entering convictions for both aggravated assault and rape because the assault was a lesser included offense as a matter of fact. Held:

1. The evidence was sufficient to enable a rational trier of fact to find the defendant guilty of all three offenses beyond a reasonable doubt. Crawford v. State, 245 Ga. 89 (263 SE2d 131) (1980); Brown v. State, 164 Ga. App. 505 (296 SE2d 215) (1982).

2. The…