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Irving v. State

The defendant's 40-year sentence on her convictions arising from the beating of her 3-year-old daughter fell within the statutory range for each offense and was not disproportionate.

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A Cobb County jury found Jovanda Nicole Irving guilty beyond a reasonable doubt of one count of aggravated assault,1 three counts of cruelty to children in the first degree,2 and two counts of aggravated battery.3 She appeals from her convictions and the denial of her motion for new trial, contending that the trial court erred 1 in denying her motion for directed verdict; 2 in denying her motion to sever; 3 in failing to give a jury charge on accident; 4 in actively participating in the trial and conducting an ex parte hearing; 5 in admitting the child victim’s out-of-court statement; 6 in denying her request to reopen the evidence; 7 in failing to excuse a juror for cause, and 8 in imposing an excessive sentence. Finding no error, we affirm.

1. Irving contends that she was entitled to a directed verdict of acquittal because the State failed to prove that the crimes occurred in Cobb County. We disagree.

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