The State v. Almanza., 822 S.E.2d 406 (Ga. Ct. App. 2018). · Go Syfert
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The State v. Almanza., 822 S.E.2d 406 (Ga. Ct. App. 2018). Cases Citing This Book View Copy Cite
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State
v.
Antonio Tapia Almanza
A17A1270.
Court of Appeals of Georgia.
Dec 13, 2018.
822 S.E.2d 406
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.
Published
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.