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James Lesley Macky, Jr.v.The State

CourtCourt of Appeals of Georgia
Docket No.A21A0571
DecidedJune 25, 2021
Reporter310 Ga. 7
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawEvidenceMergerSentencingVacaturRemand
Case Summary

James Macky was convicted of 25 counts of sexual exploitation of a minor after investigators traced peer-to-peer file sharing to his internet address and found numerous images and videos on hard drives in his home. He argued that trial counsel was ineffective and that the multiple convictions imposed multiple punishments for the same possession. The Court of Appeals of Georgia vacated the judgment and remanded under the Georgia Supreme Court’s decision in Edvalson. The court held that the offense focuses on simultaneous possession of prohibited material, not the number of files or the different forms of media possessed. Because the record did not establish that the charged files were acquired at different times, the State could not maintain 25 separate convictions on that basis. The court directed the trial court to merge the convictions into a single conviction.

Opinion

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James Lesley Macky, Jr. V. The State — The Atlanta Gleaner