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Ashmore v. State

Although the defendant was in jail on an unrelated charge at the time he gave his statement, officers had advised him of his Miranda rights, he voluntarily waived his rights in writing, he did not invoke his right to counsel, and the interviewing officer did not threaten him or promise him anything in exchange for his statement, thus the trial court properly admitted the statement.

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Following a jury trial, Rodriguez Lamont Ashmore was convicted of aggravated sexual battery OCGA § 16-6-22.2, three counts of child molestation OCGA § 16-6-4 a, attempted child molestation OCGA § 16-4-1 and 16-6-4 a, attempted aggravated child molestation OCGA § 16-4-1 and 16-6-4 c, and statutory rape OCGA § 16-6-3. Ashmore filed a motion for new trial and a motion in arrest of judgment, which the trial court denied. Ashmore appeals, contending that the trial court 1 applied an incorrect standard in ruling on the admissibility of a statement he made to police officers and 2 erred in denying his motion in arrest of judgment with regard to the attempted aggravated child molestation charge. We discern no error and affirm.

Viewed in the light most favorable to the jury’s verdict,1 the trial evidence shows that Ashmore was the boyfriend of the victim’s Aunt Hometta, and the victim considered him to be her uncle. In June of 2010, the then 14-year-old victim spent the night in Hometta and Ashmore’s home in Barrow County while she was in Georgia visiting her father and his family. This was the first time the victim had spent the night in the home. That night, Hometta, who was an on-call nurse, went to work around 11 p.m.

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