Patterson v. State

Johnson, Chief Judge.

Lee Patterson was convicted of two counts of aggravated sodomy and one count of child molestation for acts committed upon his girlfriend’s five-year-old and ten-year-old daughters. In Patterson v. State, 237 Ga. App. 80 (514 SE2d 873) (1999), we affirmed the convictions, holding in Division 5 that the trial court was authorized to charge the jury on aggravated sodomy (versus simple sodomy) because of the victims’ ages. Id. at 83-84 (5); see Luke v. State, 222 Ga. App. 203, 206 (1) (474 SE2d 49) (1996).

In Brewer v. State, 271 Ga. 605, 607 (523 SE2d 18) (1999), the Supreme…