Rooks v. State

Full title: ROOKS v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jul 17, 1996

474 S.E.2d 769 (Ga. Ct. App. 1996)

222 Ga. App. 337

Opinion

A95A0810.

DECIDED JULY 17, 1996.

Attempt to commit aggravated stalking. Barrow Superior Court. Before Judge Adamson.

Scott, Quarterman Wells, Donald T. Wells, Jr., for appellant.

Timothy G. Madison, District Attorney, Deborah S. Wilbanks, Robin R. Riggs, Assistant District Attorneys, for appellee.

McMURRAY, Presiding Judge.

On direct appeal, this Court affirmed defendant's conviction for making harassing telephone calls to his former wife but set side his conviction for criminal attempt to commit aggravated stalking against the same victim, based on the same conduct. Rooks v. State, 217 Ga. App. 643 ( 458 S.E.2d 667). The Supreme Court of Georgia granted certiorari and held that the crime of attempt to commit aggravated stalking was not a legal impossibility and that the evidence adduced below was sufficient to authorize defendant's conviction. State v. Rooks, 266 Ga. 528, 529 (2, 3) ( 468 S.E.2d 354). Accordingly, our original judgment is vacated and the judgment of the Supreme Court is made the judgment of this Court. The judgment of the trial court is affirmed.

Judgment affirmed. Andrews and Blackburn, JJ., concur.

McMURRAY, Presiding Judge.

DECIDED JULY 17, 1996.