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Russell Calvin Mccurdyv.The State

CourtCourt of Appeals of Georgia
Docket No.A21A0540
DecidedJune 18, 2021
Reporter443 U.S. 307
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawEvidenceSentencingStatutory InterpretationVacaturRemand
Case Summary

Russell Calvin McCurdy was convicted of rape, multiple child-molestation offenses, and 55 counts of sexual exploitation of a minor based on visual media found on one device. He argued that the evidence was insufficient and that the sexual-exploitation convictions should merge for sentencing. The Court of Appeals of Georgia held that the evidence—including victim accounts, recordings, forensic evidence, and digital links to McCurdy—was sufficient for the convictions. It nevertheless held that the 55 possession counts represented simultaneous possession of prohibited material, not separate offenses merely because the material contained multiple files or depictions. Applying the Georgia Supreme Court’s decisions in Edvalson and Coates, the court vacated the sexual-exploitation sentences and remanded for the convictions to be merged into one count. The remaining guilty verdicts were affirmed.

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Russell Calvin Mccurdy V. The State — The Atlanta Gleaner