Summary
The Supreme Court of Georgia held that a police officer charged with false writings and statements was entitled to the notice and grand-jury participation rights provided by OCGA §§ 17-7-52 and 45-11-4 because the charged conduct arose in part from the performance of official duties. The court reversed the conviction on that count but affirmed the convictions on the remaining counts, including cruelty to children and violation of oath of public office.
Topics
Practice areas
Questions Presented
- Whether a peace officer charged with false writings and statements and violation of oath of public office was entitled to notice and the opportunity to appear before the grand jury under OCGA §§ 17-7-52 and 45-11-4.
- Whether the failure to provide those statutory protections required reversal of all convictions arising from the multi-count indictment or only the conviction on the count to which the protections applied.
Holdings
- A present or former peace officer is entitled to the protections of OCGA §§ 17-7-52 and 45-11-4 when charged with a crime alleged to have occurred while the officer was performing official duties. Wiggins was entitled to those protections for the false-writings-and-statements count because the charge included falsification of his daily activity sheet while acting in his official capacity.
- The failure to provide the statutory protections required reversal only of the conviction on the false-writings-and-statements count, not the convictions on the other counts in the multi-count indictment.
Key quotations
“Thus, Wiggins was entitled to the protections afforded by OCGA §§ 17-7-52 and 45-11-4 with regard to the false writings and statements count.” (280 Ga. at 270)
“It follows that, although the conviction on the false writings and statements count must be set aside, the convictions on the other counts should remain intact.” (280 Ga. at 271)
Factual background
Wiggins, a police officer, was dispatched to a hotel where a sixteen-year-old victim was present. After another officer arrested two partygoers for possessing crystal methamphetamine, Wiggins used his position to direct the victim to meet him, drove her to a park, and had sex with her. He later falsified his daily activity sheet and lied to GBI investigators to conceal his conduct.
Procedural history
Wiggins was indicted for rape, sodomy, false imprisonment, sexual battery, cruelty to children, false writings and statements, and violation of oath of public office. The trial court denied his motion to dismiss the indictment based on lack of notice under OCGA § 17-7-52, and the jury convicted him of cruelty to children, false writings and statements, and violation of oath of office. The Court of Appeals affirmed the relevant ruling, although it vacated and remanded the restitution portion of the sentence. The Supreme Court reversed as to the false-writings-and-statements conviction and affirmed the convictions on the remaining counts.
Remand instructions
The false-writings-and-statements conviction was set aside. The convictions on the other counts remained intact. The opinion does not state a separate remand instruction for the reversed count.