A jury convicted Quintavious Seals of stalking and attempting to influence a witness after he repeatedly contacted a former partner, threatened her housing, and pressured her to have sex. He challenged the sufficiency of the evidence, the jury instruction on a theory not expressly charged in the indictment, and a five-year sentence for the attempt offense. The Court of Appeals of Georgia affirmed the conviction. It held that the evidence authorized the jury’s finding and that the instruction did not create a fatal variance or deprive Seals of due process. The court vacated the sentence, however, because the trial court used the penalty range for a completed witness-influencing offense rather than the lower range governing criminal attempt. The case was remanded for resentencing within the correct statutory range.