State v. Rooks

I concur in the affirmance of Rooks’ conviction for attempted stalking, the only offense for which Rooks was indicted. I write separately to state that I believe the evidence in cases such as this would authorize an indictment and conviction for the crime of stalking, as Rooks, by his repeated, bizarre phone calls to his ex-wife’s place of work, was “following”12 or “contacting”13 his ex-wife within the meaning of OCGA § 16-5-90. To hold otherwise would defeat the clear purpose of the stalking statute14 by permitting a stalker to intimidate and harass his intended victim simply by…