Price v. State
320 Ga. App. 85
Ga. Ct. App.2013Background
- Sean Price was indicted on four counts of child molestation, one count of invasion of privacy, and one count of furnishing alcohol to a minor for conduct involving his fourteen-year-old stepdaughter.
- A jury found Price guilty of invasion of privacy and acquitted on the other charges; the trial court denied his amended motion for new trial, which he appealed.
- A videotape found in a cigarette pack in a garage showed Price setting up a video camera as the fourteen-year-old stepdaughter showered and later naked.
- The stepdaughter testified she did not consent to be filmed and was unaware of the recording; Price claimed his wife directed the recording to monitor potential misconduct.
- Price argued several issues on appeal, including severance of offenses, sufficiency of consent evidence, and the legality of probation conditions; the court affirmed the judgment.
- The court discussed probation-related statutes, including former OCGA § 42-8-35.4 and related sex-offender conditions, in the context of the 2010 sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of severance motion | Price contends severance should have been granted. | State notes lack of transcript; court acted within discretion. | No error; presumed correct due to missing transcript. |
| Sufficiency of consent proof for invasion of privacy | Recording violated OCGA § 16-11-62 because all observed did not consent. | State need only show recording was made without the consent of all observed; H.Y. did not consent. | Sufficient evidence; recording without H.Y.'s consent supported conviction. |
| Legality of probation detention center sentence | Forty-eight months in a probation detention center is unlawful punishment. | Authorized by former OCGA § 42-8-35.4 for probationers convicted of felonies. | Authorized within the statute; proper under the conditions of Price's probation. |
| Authority to impose sex-offender probation conditions | Sex-offender conditions cannot be imposed for a non-minor/criminal offense against a minor. | Trial court has broad discretion to impose probation conditions; some listed and other permissible conditions may apply. | Court authorized to impose additional sex-offender conditions; conduct supported by underlying facts. |
Key Cases Cited
- Gl ass v. State, 289 Ga. 542 (Ga. 2011) (transcript requirement supports presumption of correctness on severance ruling)
- Kelley v. State, 233 Ga. App. 244 (Ga. App. 1998) (invasion of privacy sufficiency where victim did not consent)
- Johnson v. State, 283 Ga. App. 425 (Ga. App. 2007) (probation/detention-center authority under former § 42-8-35.4)
- Pless v. State, 282 Ga. 58 (Ga. 2007) (broad judicial discretion in imposing probation conditions)
- Brown v. State, 270 Ga. App. 176 (Ga. App. 2004) (conduct toward minor can establish sexual offense for probation purposes)