State v. Almanza, 822 S.E.2d 406 (2018)

Dec. 13, 2018 · Court of Appeals of Georgia · A17A1270

822 S.E.2d 406

The STATE
v.
ALMANZA.

A17A1270

Court of Appeals of Georgia.

December 13, 2018

Charles Prescott Boring, Michael Scott Carlson, Augusta, John Richard Edwards, Amelia Greeson Pray, D. Victor Reynolds, Marietta, Lindsay Beth Gardner, for Appellant

Ashleigh Bartkus Merchant, John B. Merchant III, Marietta, Cindi Lee Yeager, for Appellee

Gobeil, Judge.

In State v. Almanza , 304 Ga. 553, 820 S.E.2d 1 (2018), the Supreme Court of Georgia reversed the judgment of this Court in State v. Almanza , 344 Ga. App. 38, 807 S.E.2d 517 (2017). Accordingly, we vacate our earlier opinion and adopt the opinion of the Supreme Court as our own. In accordance with that opinion, we vacate that part of the trial court's order finding inadmissible statements made by the mother of the alleged child molestation victim to the child's physicians, in which the mother identified Almanza as the perpetrator of the alleged molestation. We remand for the trial court to consider whether the statements at issue are admissible under OCGA § 24-8-803 (4), pursuant to the test set forth in United States v. Renville , 779 F.2d 430 (8th Cir. 1985).

Judgment vacated and case remanded with direction.

McFadden, P. J., and Coomer, J., concur.