Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Hill v. State

The trial court had discretion to impose consecutive sentences for separate offenses.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Noel Keith Hill was indicted by the Grand Jury of Stephens County for the offenses of two counts of aggravated assault, three counts of cruelty to children in the second degree, criminal damage to property in the second degree, and simple battery. The case was tried before a jury, and at the close of the State’s evidence, Hill moved to dismiss the criminal damage to property in the second degree count, because the State had failed to prove damages in excess of $500.1 The State agreed that damages in excess of $500 had not been proven, and on the State’s request, the trial court reduced such charge to criminal trespass.2 See OCGA § 16-7-23 a 1.

On the seven count indictment, the jury returned the following verdicts: on each of the two aggravated assault counts, the jury found Hill guilty of the lesser included offense of simple battery; Hill was also found guilty on the criminal trespass charge; and on the remainder of the offenses, Hill was found not guilty. For purposes of sentencing, the trial court merged the two counts of simple battery and sentenced Hill to twelve months to serve. Hill was sentenced an additional twelve months for criminal trespass, to run consecutively with the sentence for simple battery. Hill appeals from the verdict and the sentence entered thereon. Hill asserts as error the trial court’s reduction of the criminal damage to property in the second degree to criminal trespass, in lieu of granting his motion for directed verdict of acquital on such offense. Hill further asserts that the trial court’s sentence violates the guarantee against cruel and unusual punishment under Art. I, Sec. I, Par. XVII of the 1983 Constitution of Georgia. Finding Hill’s arguments to be without merit, we affirm.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Director of Legal Affairs

WittKieffer is proud to partner with Mom's Meals in the search for their Director of Legal Affairs. Mom's Meals is an investor-owned compan...


Apply Now ›
Trial Attorney Personal Injury.

Nutley Law firm concentrating in plaintiff's personal injury for plaintiff seeks an Attorney with three or more years of experience in New J...


Apply Now ›
MID-SENIOR LEVEL EMPLOYMENT ASSOCIATE OR PARTNER WANTED FOR BOUTIQUE FIRM OPPORTUNITY TO INHERIT AND GROW PRACTICE (Atlanta, GA)

Our client, an outstanding boutique litigation firm based in Atlanta, is seeking to add an experienced Employment Litigation Attorney to the...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements