A Fulton County jury convicted Antoine Smith of rape and aggravated child molestation based on allegations by a ten-year-old victim. Smith received an out-of-time appeal and challenged the sufficiency of the evidence, evidentiary rulings, the qualification of a child-abuse expert, the jury charge, and his exclusion from sidebar conferences. The Georgia Court of Appeals held that the victim’s testimony, including testimony about vaginal and anal penetration, supported both convictions and that the expert was properly qualified. It also held that Smith could not challenge indictments his own counsel introduced strategically, and that unpreserved objections to evidence of the victim’s prior physical abuse were waived. But the court reversed the aggravated-child-molestation conviction. The indictment alleged sodomy, while the jury charge also authorized conviction based on physical injury; because the record contained evidence of injury and the jury was not told to limit its consideration to the charged manner, the instruction created a due-process variance with a reasonable possibility of an uncharged conviction. The rape conviction remained affirmed, and the State could retry the molestation count because the reversal rested on trial error rather than insufficient evidence. The court rejected Smith’s sidebar-presence claim.