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Brewer v. State

The Court of Appeals adopted the Supreme Court's judgment that defendant's aggravated sodomy conviction should be vacated since the state presented no evidence that he used force to commit sodomy against the 11-year-old victim.

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In Brewer v. State, 236 Ga. App. 546 512 SE2d 30 1999, we affirmed the judgment of conviction and sentence entered by the trial court on the jury’s verdict finding Brewer guilty of aggravated sodomy. In Brewer v. State, __Ga.__ Case No. S99G0864, decided November 1, 1999, the Supreme Court reversed the judgment of this Court and remanded the case with direction to instruct the trial court to vacate Brewer’s conviction and sentence for aggravated sodomy and to enter a judgment of conviction and sentence on the jury’s verdict finding Brewer guilty of aggravated child molestation. The Supreme Court further directed that, after entry of the sentence for aggravated child molestation, Brewer shall have the right to pursue an appeal from his conviction for that offense. Accordingly, the judgment of the Supreme Court being made the judgment of this Court, the judgment of conviction and sentence entered by the trial court is vacated with direction.

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