State v. Smith

I specially concur to demonstrate that Johnston v. State, 213 Ga. App. 579 (445 SE2d 566) (1994), has no persuasive authority in addition to the fact that it is not binding authority. On December 2, 1998, Gregory Alan Smith was indicted for the crimes of incest, child molestation, and aggravated child molestation. The indictment brought against Smith indicated both that Smith committed the crimes for which he was charged against his daughter between January 1, 1989, and December 31, 1989, and that Smith’s daughter was under the age of 14 at the time of commission. On January 15, 1999, Smith…