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Sol Jason Moonv.The State

CourtCourt of Appeals of Georgia
Docket No.A15A1636
DecidedFebruary 10, 2016
Reporter335 Ga. App. 642; 782 S.E.2d 699
JudgesSecond Division; Presiding Judge Miller and Judges Branch and Rickman; Miller authored
Tags
CriminalCriminal ProcedureSex CrimesSufficiency of the EvidenceIneffective Assistance of CounselJury InstructionsSentencingVacaturRemandTales From the Crypt
Case Summary

A jury convicted Sol Jason Moon of aggravated child molestation, aggravated sexual battery, three counts of child molestation, and sexual exploitation of children. He challenged the sufficiency of the evidence on several counts, alleged a fatal variance between the sexual-exploitation indictment and proof, raised ineffective-assistance claims, and argued that his sentence omitted mandatory split sentences. The Court of Appeals rejected the non-sentencing claims: the evidence supported the challenged convictions, the statute covered digital images and the indictment adequately notified Moon of the sexual-exploitation charge, and counsel was not ineffective for omitting a meritless demurrer. It held that OCGA § 17-10-6.2(b) required a split sentence on each of the three child-molestation counts and the sexual-exploitation count, but the court had imposed 20 years to serve on each without the required probationary term. The court affirmed the convictions, vacated Moon’s sentence, and remanded for resentencing under that statute.

Opinion

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