Georgia Court of Appeals, 2018

The State v. Almanza.

The State v. Almanza.
Georgia Court of Appeals · Decided December 13, 2018 · Gobeil
822 S.E.2d 406 (South Eastern Reporter, Second Series)

The State v. Almanza.

Opinion

Gobeil, Judge.

*407 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.

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