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Moss v. State

Trial court properly sentenced the defendant for making repeated telephone calls to harass and annoy and for communicating in an obscene manner on the telephone.

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Henry Moss was charged with theft by taking, theft of services, two counts of harassing phone calls, two counts of telephone communication for indecent purposes, and obstruction of an officer. He was tried before a jury, which found him guilty of theft by taking, two counts of harassing phone calls, and two counts of telephone communication for indecent purposes. The jury was unable to reach a unanimous verdict as to the charge of theft of services and found him not guilty of obstruction of an officer.

Moss appeals from the conviction and sentence entered on the jury’s verdict, raising the general grounds. He also complains of the trial court’s actions in denying his motion to sever offenses and in sentencing him on both harassing telephone calls, OCGA § 16-11-39.1, and using telephone communication for indecent purposes, OCGA § 46-5-21. Finding no reversible error, we affirm.

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