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Gilmer v. State

Defendant failed to prove that his trial counsel rendered ineffective assistance in failing to object to improper bolstering testimony, and the Court affirmed his convictions for child molestation and aggravated child molestation.

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Darius Gilmer appeals from his convictions for child molestation and aggravated child molestation against then-11-year-old F. P., arguing that he received ineffective assistance of trial counsel and that the trial court erred in dismissing a juror during the trial. For the reasons that follow, we find no error and affirm.

Viewed in the light most favorable to the verdict, see Douglas v. State, 327 Ga. App. 792, 792 1 761 SE2d 180 2014, the evidence shows that for several months in 2007, Gilmer had a relationship with F. P.’s mother. Gilmer sometimes stayed at the mother’s apartment with F. P. and his younger brother, W. G., while the mother was at work. On several such occasions, Gilmer engaged in sexual contact with F. P. These incidents included Gilmer having F. P. use his hand to stroke Gilmer’s unclothed penis until Gilmer ejaculated; Gilmer penetrating F. P.’s anus with his penis while in the shower; and Gilmer touching F. P.’s penis while masturbating.

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