State v. Chrisopoulos

Carley, Judge.

After appellee allegedly committed a single lewd act in the presence of two minors, an accusation was filed charging him with two separate counts of public indecency in violation of OCGA § 16-6-8. Each count alleged appellee’s commission of the single lewd act in the presence of one of the minors. On appellee’s motion, the trial court compelled the State to make an election as between the two counts and ordered a dismissal of the unelected count. Pursuant to OCGA § 5-7-1 (1), the State appeals from this order of the trial court.

The prosecution of appellee on the two-count…