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Wiggins v. State

Evidence that the defendant told the victim that the defendant herself had been a victim of molestation when she was a child was admissible in the defendant's trial for sexual exploitation of children, aggravated sodomy, child molestation and cruelty to children in the first degree, because it was part of the res gestae of the crimes.

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Rebecca Wiggins appealed the denial of her motion for new trial after a jury convicted her of sexual exploitation of children, aggravated sodomy, child molestation, and cruelty to children in the first degree.1 In Wiggins v. State, 330 Ga. App. 205, 211 c 767 SE2d 798 2014 Wiggins I, this Court found that although the evidence at trial was sufficient to support Wiggins’ convictions, the record failed to demonstrate that the trial judge applied the proper standard in reviewing her convictions on the general grounds. Accordingly, we vacated the judgment and remanded the case to the trial court to reconsider the issue under the appropriate discretionary standard, and we declined to rule on Wiggins’ remaining enumerations of error at that time. Id.

On remand, the trial court held a hearing and issued an order denying Wiggins’ motion for new trial on the general grounds. Wiggins now appeals from that order, reasserting the enumerations of error not reached by this Court in Wiggins I and further asserting that on remand, the trial court failed to give the proper weight to the defense expert’s testimony in reviewing the evidence on the general grounds.2

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