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Griffin v. State

Similar transaction evidence that the defendant had previously inappropriately touched another child was admissible to show the defendant's identity, state of mind, knowledge or intent in inappropriately touching the victim.

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Following a jury trial, Richard Thomas Griffin was convicted of two counts of aggravated sexual battery OCGA § 16-6-22.2 and one count of child molestation OCGA § 16-6-4. He appeals from his convictions and the denial of his motion for new trial, asserting that the trial court erred in admitting similar transaction evidence and in instructing the jury on the appropriate purposes for considering similar transaction evidence. We affirm for the reasons set forth below.

Construed in the light most favorable to the verdict, Woods v. State, 304 Ga. App. 403 1 696 SE2d 411 2010, the evidence shows that the victim, H. G., was between the ages of three and five years old when she was sexually abused by her step-grandfather, Griffin. In her initial outcry to her mother, H. G. stated that Griffin had pulled her across his lap, pulled down her panties, and stuck his fingers inside of her vagina. H. G. also told her mother that she saw Griffin hold his penis and that he had threatened to kill her if she told anyone. H. G. further stated that Griffin had inserted his finger in her vagina on several other occasions. H. G. gave consistent statements regarding this sexual abuse to the pediatric physician who examined her and later during a forensic interview. At trial, H. G. testified that Griffin called her into her room to get a toy, then picked her up, laid her across his lap, pulled down her pants, and inserted his finger into her vagina. She further testified that Griffin had threatened to kill her if she told her mother.

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