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Lawskills.com Georgia Caselaw
STUBBS v. THE STATE
A91A2156.
SOGNIER, Chief Judge.
Child molestation. Evans Superior Court. Before Judge Findley.
James Daniel Stubbs appeals from his conviction for child molestation.
In his sole enumeration of error, appellant contends the trial court erred by admitting evidence of similar transactions when notice of intent to introduce such evidence was not properly served upon appellant. We do not agree. USCR 31.3 (B) requires that the prosecutor serve such written notice upon defense counsel. Although appellant is correct that OCGA 17-1-1 (b) (2) provides that delivery may be made in three ways, none of which was used by the prosecutor in this case, that subsection is inapplicable in this case. Subsection (b) (1) of that statute provides that "[s]ervice upon the attorney or upon a party shall be made by delivering a copy to him or by mailing it to him at his last known address," (emphasis supplied) which the certificate of service included in the record shows the prosecutor certified had been done in this case.
Dupont K. Cheney, District Attorney, J. Stephen Archer, Assistant District Attorney, for appellee.
Hal T. Peel, for appellant.
DECIDED FEBRUARY 3, 1992.
Sunday October 12 18:06 CDT


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