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STATE v. BOYER

No. S98A1851.

512 S.E.2d 605 (1999)

270 Ga. 701

The STATE v. BOYER.

Supreme Court of Georgia.

Reconsideration Denied March 19, 1999.

Attorney(s) appearing for the Case

Richard W. Shelton, Solicitor General, Valdosta, for the State.

Sandra Boyer, Valdosta, for Sandra Boyer.

Sheryl B. Jolly, Augusta, Carmen D. Smith, Atlanta, Solicitors General, Alvin Glen Hollingshed, Prosecuting Attorneys Council of Georgia, Smyrna, for Amicus Appellant.

HINES, Justice.

Sandra Boyer was charged with one count of reckless conduct and one count of simple battery. The trial court sustained her demurrer, finding the reckless conduct statute, OCGA § 16-5-60(b), unconstitutional as applied to the facts of the case. The court also found the simple battery charge "duplicitous" of the reckless conduct charge. The State appeals, and for the reasons which follow, we reverse.

1. Because of the posture of this case...

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