Barclay v. State

Miller, Chief Judge.

A jury convicted Jerry Barclay of two counts of child molestation (OCGA § 16-6-4 (a) (1)), Counts 1 and 5, respectively, two counts of aggravated child molestation (OCGA § 16-6-4 (c)), Counts 2 and 3, respectively, and one count of aggravated sodomy (OCGA § 16-6-2 (a) (2)), Count 4. Barclay appeals contending that the trial court erred (i) in admitting the videotaped interview of his three-year-old son, C. B., and (ii) in failing to merge Counts 1, 2, and 4 into Count 3 as a matter of fact and law.

“[T]he admission of evidence is a matter which rests largely within the…