Shab v. State

McMurray, Presiding Judge.

Defendant was charged by accusation and convicted of the offenses of prostitution and solicitation of sodomy. Defendant contends that his conviction of solicitation of sodomy arose out of the same conduct as did his prostitution conviction and that his solicitation of sodomy conviction should have merged into the prostitution conviction as a lesser included offense. Held:

The State’s evidence is that an undercover agent of the Georgia Bureau of Investigation (GBI), was on assignment at an Atlanta hotel. The GBI agent “set up” a room, creating the appearance that he…