Evans v. State

The phrase relevant similar transaction under O.C.G.A. § 17-10-6.2 subsection c 1 C, which governs sentencing of sexual offenders, includes a conviction for a sexual offense charged within the same indictment as the offense for which a deviation from the mandatory minimum sentence is considered.

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This Court granted certiorari to the Court of Appeals in Evans v. State, 334 Ga. App. 104 778 SE2d 360 2015, to determine whether that Court was correct in construing the phrase relevant similar transaction used in OCGA § 17 10 6.2 c 1 C, which governs sentencing of sexual offenders, to include sexual offenses charged in the same indictment as the crime for which sentence is imposed. Finding that the Court of Appeals was correct in so holding, we affirm the judgment of that Court.

Evans was indicted on one count of child molestation, alleged to have occurred between January 1, 2009 and August 31, 2009, and two counts of sexual exploitation of children, that were alleged to have occurred on or about January 21, 2010. After a bench trial, Evans was convicted of child molestation and of one of the counts of sexual exploitation of children, and acquitted of the other count. At sentencing, the trial court opined that the law provided that it could not sentence Evans to less than the mandatory minimum of five years to serve in prison for the child molestation conviction because the conviction for sexual exploitation of children was a relevant similar transaction, which precluded a downward deviation under OCGA § 17–10–6.2 c 1 C. The court then sentenced Evans to 20 years, with five years to be served in prison, on the child molestation charge, and a concurrent sentence of five years to be served in prison for the sexual exploitation conviction. The Court of Appeals affirmed, finding that the trial court had correctly applied OCGA § 17–10–6.2 c 1 C. Further facts may be found in the opinion of the Court of Appeals. Evans, supra.

Evans v. State

The phrase relevant similar transaction under O.C.G.A. § 17-10-6.2 subsection c 1 C, which governs sentencing of sexual offenders, includes a conviction for a sexual offense charged within the same indictment as the offense for which a deviation from the mandatory minimum sentence is considered.

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