Tompkins v. State

Grizzard v. State, 258 Ga. App. 124 2002, is disapproved of to the extent it held that the 7-year limitation period set forth in O.C.G.A. § 17-3-2.1 for non-capital felonies must be specifically alleged in an indictment.

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Pursuant to a stipulated trial before a judge sitting without a jury, Steve Tompkins was convicted of two counts of child molestation. He appeals, arguing that the state failed to prove venue and that the judge should have ruled that the child molestation charges are barred by the statute of limitations. The argument concerning venue is without merit. But the trial court’s statute of limitations ruling was, in part, erroneous. We therefore vacate Tompkins’ convictions and remand the case for a new trial within the parameters set by this opinion. On July 3, 2002, the Cobb County grand jury indicted Tompkins for five sexual offenses against his step-daughter: aggravated sexual battery, attempt to commit rape, and three counts of child molestation. Tompkins filed a speedy trial demand, and the case was called for trial on October 21, 2002. Tompkins’ attorney told the court that she was not ready for trial, offered to withdraw the speedy trial demand and moved for a continuance. The court refused to continue the case, noting that Tompkins’ attorney had announced that she was ready for trial at previous calendar calls and by having filed the speedy trial demand.

The trial then commenced, but Tompkins’ attorney refused to participate, claiming that she could not provide effective assistance of counsel due to her lack of preparation. A jury was picked and the state presented its evidence, all without any participation by Tompkins or his attorney. The state’s first witness was Tompkins’ step-daughter, who testified that the acts of molestation occurred at their home in Cobb County. The step-daughter’s biological father and a detective also testified, after which the court ordered a recess.

Tompkins v. State

Grizzard v. State, 258 Ga. App. 124 2002, is disapproved of to the extent it held that the 7-year limitation period set forth in O.C.G.A. § 17-3-2.1 for non-capital felonies must be specifically alleged in an indictment.

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