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Moton v. State

The evidence was sufficient to support the defendant's convictions on two counts of misdemeanor public indecency after he exposed his penis and masturbated in a public library.

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Following trial, a jury convicted Earl Moton, II, on two counts of misdemeanor public indecency. On appeal, Moton contends that the evidence was insufficient to support his convictions and that the trial court erred in 1 refusing to sentence him as a first offender, 2 denying his motion for a continuance of the hearing on his motion for new trial, and 3 denying his motion for new trial, in which he argued that the jury verdict was not unanimous. For the reasons set forth infra, we affirm.

Viewed in the light most favorable to the jury’s verdict,1 the evidence shows that on May 16, 2013, Aquila Abdel-Quedus and her ten-year-old daughter went to the Stonecrest branch of the DeKalb County Public Library to meet a close family friend, Amir Bin Yamin, who was there studying for a test. Shortly after her daughter sat down at a desk to use one of the library’s computers, Abdel-Quedus noticed that a young man, later identified as Moton, appeared to be observing her daughter through the gaps in a book shelf. A few seconds later, Abdel-Quedus watched as Moton pulled his erect penis out of his pants and began masturbating.

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