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Goggins v. State

The child molestation defendant failed to adequately demonstrate that the trial court's alleged error in allowing a page of the victim's diary to go out with the jury likely affected the outcome of his trial.

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Following a jury trial, Jesse Jerome Goggins was convicted of child molestation O.C.G.A. § 16-6-4 a 1. He appeals from his conviction and the denial of his motion for new trial, contending that the trial court erred 1 in sending certain evidence out with the jury, 2 by denying his motion for mistrial, and 3 by limiting the scope of evidence regarding his good character and reputation for trustworthiness with children. Goggins also contends that he had ineffective assistance of counsel. Finding no reversible error, we affirm.

On appeal from a criminal conviction, the defendant no longer enjoys the presumption of innocence, and we view the evidence in the light most favorable to support the jury’s verdict. Weeks v. State, 316 Ga. App. 448, 449 729 SE2d 570 2012. The evidence at trial showed that the victim’s mother was reading her daughter’s diary when she came upon an entry in which the 13-year-old victim, L. G., had written “I love my dad but only the way you should love a dad . . . he kissed me and then pulled out his d . . . .” Goggins is L. G.’s father. When the mother confronted her daughter about what she had written in her diary, L. G. confirmed that Goggins had used his tongue to kiss her and had exposed his erect penis to her. The mother then reported the sexual abuse to the Richmond County Sheriff’s Department and an investigation ensued, culminating in the arrest and indictment of Goggins on two counts of child molestation.

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