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Johnson v. State

The child molestation defendant did not show that his counsel was ineffective in failing to properly investigate the case or in failing to call two potential witnesses to testify on his behalf.

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A Fulton County jury found Elbert Johnson guilty beyond a reasonable doubt of aggravated child molestation, OCGA § 16-6-4 c; and two counts of child molestation, OCGA § 16-6-4 a 1. Johnson appeals from the denial of his motion for a new trial, contending that he received ineffective assistance of counsel. Finding no reversible error, we affirm.

Viewed in the light most favorable to the jury’s verdict,1 the evidence shows the following. In August 2006, when the victim was nine years old, Johnson was dating her mother and living with her family. One night, after Johnson had been out drinking, he returned home to find the victim and her younger sister sleeping in the bed he and her mother shared. The victim woke and started to go back to her room, but Johnson told her that she could stay in his bed. The victim lay back down on the bed. Johnson then got in bed with the victim and her sister, pushed the victim’s sister to the end of the bed, lay between them, removed the victim’s shorts, and began rubbing the victim’s leg. Johnson rubbed his bare penis on the victim’s genital area over her underwear. He also placed his penis inside the victim’s mouth. Johnson stopped when the victim got out of the bed and ran into the bathroom.

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