MacKey v. State

Beasley, Judge.

A jury found Abner Clark Mackey guilty of both rape (OCGA § 16-6-1) and child molestation (OCGA § 16-6-4), as charged in an indictment, based on one incident of forcing his 15-year-old female employee into sexual intercourse. Merging the two counts for sentencing, the court entered a judgment of conviction and sentence on the rape count alone. Mackey enumerates three errors. The first two concern alleged ineffective assistance by the post-judgment attorney handling the motion for new trial, i.e., failure to contend that the trial attorney did not (a) pursue a plea in bar based…