The State v. Almanza. ( 2018 )

FIFTH DIVISION
McFADDEN, P. J.,
GOBEIL J. and COOMER, J.
NOTICE: Motions for reconsideration must be
physically received in our clerk’s office within ten
days of the date of decision to be deemed timely filed.
http://www.gaappeals.us/rules
December 13, 2018
In the Court of Appeals of Georgia
A17A1270. THE STATE v. ALMANZA.
GOBEIL, Judge.
In State v. Almanza, ___ Ga. ___ (Case No. S18G0585, decided October 9,
2018), the Supreme Court of Georgia reversed the judgment of this Court in State v.
Almanza, 344 Ga. App. 38 (807 SE2d 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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