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Albert Guyton Davisv.The State

CourtCourt of Appeals of Georgia
Docket No.A13A0703
DecidedJuly 16, 2013
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawCriminal ProcedureSentencingEvidenceCharacter EvidenceJury InstructionsMistrialIneffective Assistance of CounselRule of LenityVacaturRemand
Case Summary

Albert Davis was convicted of aggravated sexual battery and child molestation based on allegations that he sexually abused his thirteen-year-old stepdaughter over several years. He challenged the convictions on evidentiary, procedural, constitutional, and ineffective-assistance grounds, including the failure to give an accident instruction, closure of the courtroom during the victim’s testimony, a juror communication, the statute of limitations, and an alleged conflict involving counsel’s work for the Department of Family and Children Services. The Georgia Court of Appeals affirmed the convictions. Davis was not entitled to an accident instruction because he did not admit committing the charged penetration, and the court found the other trial errors and counsel claims meritless or waived. The court nevertheless vacated his aggravated-sexual-battery sentence. The indictment alleged a period spanning the July 1, 2006, change in the statutory penalty, and the general verdict did not reveal which conduct supported the conviction. Under the rule of lenity, the State could not impose the higher later penalty when the verdict left that uncertainty unresolved. The case was remanded for resentencing under the lesser penalty in effect before July 1, 2006.

Opinion

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