State v. Graves

ANDREWS, Presiding Judge.

The State appeals from the trial court’s grant of a new trial to Levi David Graves after he was convicted of one misdemeanor count of “loitering or prowling” in violation of OCGA § 16-11-36. For the following reasons, we vacate the court’s order granting a new trial and remand.

Graves was charged with two counts of violating OCGA § 16-11-36 arising out of the same conduct. After a bench trial, Graves was found guilty of (Count 1) “loitering or prowling” in violation of OCGA § 16-11-36 by engaging in the following conduct: “masturbating while driving a motor vehicle in…