Horne v. State

I concur fully with the majority opinion except for Division 6, from which I dissent.

If the act of sodomy were the sole evidentiary basis for both the sodomy conviction and the child molestation conviction of Gary Horne, I would agree with the majority opinion that under Green v. State, 170 Ga. App. 594 (317 SE2d 609) (1984), a merger occurred. However, the indictment alleged other acts of child molestation in addition to the sodomy, and the evidence adduced at trial included a plethora of other incidents, completely separate and distinct from the act of sodomy, that would support the child…