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Hill v. State

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

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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.

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