Ryan Allen Castaneira was tried by a Fayette County jury and convicted of criminal attempt to commit child molestation,1 criminal attempt to entice a child for indecent purposes,2 computer pornography and child exploitation,3 obscene Internet contact with a child,4 and misdemeanor possession of marijuana.5 He now appeals from the denial of his motion for a new trial, asserting that the trial court erred when it failed to instruct the jury on his sole defense of mistake in fact. Castaneira further contends that the evidence was insufficient to support his convictions for criminal attempt to commit child molestation and criminal attempt to entice a child for indecent purposes, and that he received ineffective assistance of counsel. Castaneira also claims that the trial court erred in admitting certain evidence in violation of the best evidence rule, in failing to apply the applicable sentencing statute, and in failing to merge his convictions for criminal attempt to commit child molestation and criminal attempt to entice a child for indecent purposes. We find no error in the denial of Castaneira’s motion for a new trial, and we therefore affirm that order. Finally, we find that the trial court did not err when it failed to merge Castaneira’s convictions for criminal attempt to commit child molestation and criminal attempt to entice a child for indecent purposes.
On appeal from a criminal conviction, the defendant is no longer entitled to a presumption of innocence and we therefore construe the evidence in the light most favorable to the jury’s guilty verdict. Martinez v. State, 306 Ga. App. 512, 514 702 SE2d 747 2010. So viewed, the record shows that Detective Heather Jones is an officer with the Peachtree City Police Department whose job is to investigate internet crimes against children. In September 2006, Detective Jones created an account on the Adult Friend Finder “AFF” website.6 Detective Jones’s fictitious profile listed her name as April Thompson, her age as 31, and her marital status as single. The profile also described “April” as “a sweet Georgia girl” looking for men “for a discreet relationship.”
