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BREWER v. STATE

No. S99G0864.

523 S.E.2d 18 (1999)

271 Ga. 605

BREWER v. The STATE.

Supreme Court of Georgia.

November 1, 1999.

Attorney(s) appearing for the Case

Michael R. McCarthy, Dalton, for appellant.

Kermit N. McManus, District Attorney, Stephen E. Spencer, Matthew A. Rankin, Assistant District Attorneys, for appellee.

James C. Bonner, Jr., Brenda J. Bernstein, Davis, Zipperman, Kirschenbaum & Lotito, Nicholas A. Lotito, Atlanta, amici curiae.

CARLEY, Justice.

For the alleged commission of a single act of sodomy on his 11-year-old stepdaughter, the grand jury indicted David Roy Brewer on alternative counts of aggravated sodomy and aggravated child molestation. A jury returned guilty verdicts on both counts. Merging the aggravated child molestation into the aggravated sodomy, the trial court sentenced Brewer only for the latter offense. On appeal, Brewer challenged his conviction for aggravated sodomy on...

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