Walter Underwood was convicted of child molestation and appealed the denial of his motion for a new trial. He argued that the trial court improperly allowed his estranged wife to invoke marital privilege and that trial counsel was ineffective for failing to challenge evidence and investigate his sexual health. The Georgia Court of Appeals affirmed the convictions. It held that the wife could invoke the privilege and that Underwood failed to show deficient performance or prejudice, including because he offered no proffer showing what a medical investigation would have established. The court separately held that the sentence was void because Georgia law required imprisonment plus at least one year of probation for the covered child-molestation conviction. The State conceded that the trial court had omitted the required split sentence. The court affirmed the convictions, vacated the sentence, and remanded for resentencing under the governing statute.