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Conley v. State

The trial court did not err in denying the defendant's motion for a directed verdict on the aggravated sodomy counts against him because the evidence was sufficient to establish the element of force as to the two minor victims.

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Following a jury trial, Barry Lamar Conley was convicted of three counts of aggravated sodomy OCGA § 16-6-2 a 2, two counts of child molestation OCGA § 16-6-4 a 1, and one count of battery OCGA § 16-5-23.1 a.1 Conley appeals from the denial of his motion for new trial, contending that 1 the trial court erred in denying his motion for a directed verdict because the State failed to prove force as an element of aggravated sodomy; 2 the trial court failed to exercise its discretion in ruling on his motion for new trial; and 3 he received ineffective assistance from trial counsel. For the reasons that follow, we affirm.

Following a criminal conviction, we view the evidence in the light most favorable to the jury’s verdict. Wallace v. State, 294 Ga. App. 159 1 669 SE2d 400 2008. So viewed, the evidence shows that Conley was a longtime friend of the victims’ stepfather, Jose Garcia. Garcia, the victims—Jonah C. and Jeremiah C.—and the victims’ sisters regularly visited Conley at his apartment. The victims referred to Conley as “Uncle Barry.”

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