LaPalme v. State

Pope, Judge.

Gerald Joseph LaPalme, Jr. was indicted on two counts each of aggravated sodomy (Counts I and II) and child molestation (Counts III and IV); he was convicted on Counts I and III and acquitted on Counts II and IV. He brings this appeal following the denial of his motion for new trial. Held:

1. Defendant first asserts that the crime of child molestation merged with the crime of aggravated sodomy. “ ‘An accused may be prosecuted for both rape and child molestation based upon the same conduct, but he may not be convicted of both. (Cits.)’ Lamar v. State, 243 Ga. 401, 403 (254 SE2d 353)…