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Estuardo Bernalv.The State

CourtCourt of Appeals of Georgia
Docket No.A20A1648
DecidedMarch 4, 2021
Reporter292 Ga. 262
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureEvidenceMotion for New TrialIneffective Assistance of CounselSentencingVacaturRemand
Case Summary

A jury convicted Estuardo Bernal of child molestation, rape, and related offenses. After the trial court denied his amended motion for new trial, Bernal appealed claims concerning the evidence, post-trial proceedings, and counsel’s performance during sentencing. The Court of Appeals of Georgia affirmed most of the order but vacated it in part because the trial court had not properly resolved issues requiring further proceedings. The court remanded for reconsideration and declined to reach Bernal’s ineffective-assistance claim concerning sentencing while the post-trial proceedings remained unresolved.

Opinion

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