Q: Is Simple Child Molestation an necessary lesser included offense of Aggravated Child Molestation?
I was convicted of 1 Count of Simple Child molestation and one Count of Aggravated Child Molestation back in 2003 during a jury trial. During the sentencing phase of the trial, I was given 20 years in prison and 20 years consecutive to be served on probation for simple child molestation. I am trying to find out if I can use a Motion to Correct and Vacate the Void Sentence on Probation because Simple Child Molestation is less included in Aggravated Child Molestation.
A: It is if it stems from the same statement of facts as the aggravated. If it's different facts from a different date then it is not.
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