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Evans v. State

The phrase relevant similar transaction under O.C.G.A. § 17-10-6.2 subsection c 1 C 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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Following a bench trial, Douglas Evans was found guilty of one count of child molestation OCGA § 16-6-4 a and one count of sexual exploitation of children OCGA § 16-12-100 b.1 In sentencing Evans, the trial court refused to deviate from the mandatory minimum sentence for child molestation under OCGA § 17-10-6.2 c 1 C because the trial court found that Evans’s conviction for sexual exploitation of children was a relevant similar transaction. Evans appeals, contending that the trial court erred in considering the sexual exploitation offense as a relevant similar transaction because it was charged in the same indictment as the child molestation count. For the reasons that follow, we affirm.

The interpretation of OCGA § 17-10-6.2 c 1 C is a question of law, which we review de novo. See Jenkins v. State, 284 Ga. 642, 645 2 670 SE2d 425 2008.

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