Gillespie v. State

Ruffin, Chief Judge.

Following a bench trial, the court found Victor Gillespie guilty of one count of simple battery and one count of simple assault. Since Gillespie was charged under the family violence provision of OCGA § 16-5-23 (f), the misdemeanor battery offense was “of a high and aggravated nature.” On appeal, Gillespie contends the evidence is insufficient to establish his guilt on the battery charge as the State failed to prove the existence of a familial relationship between himself and the victim. In a related argument, Gillespie contends *244that the trial court erred in sentencing him…