Corey Bolden appealed the denial of a motion for new trial after convictions for kidnapping with bodily injury, aggravated assault, rape, burglary, and cruelty to children. The Court of Appeals of Georgia rejected his arguments that the rape and aggravated-assault counts should merge and that the trial judge improperly expressed an opinion while questioning a State witness. But the court held that the burglary instruction allowed the jury to convict on a basis broader than the manner charged in the indictment. Counsel performed deficiently by not objecting, and the risk that the jury relied on an uncharged burglary theory made the error prejudicial. The court reversed the denial of a new trial as to the two burglary counts and otherwise affirmed.