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Talton v. State

The defendant's waiver of his right to a jury trial was valid, since the testimony showed that the defendant had discussed a bench trial with counsel, had not been threatened or coerced to waive his right to a jury trial, was not under the influence of drugs or alcohol and voluntarily chose a bench trial.

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Bryan Talton was charged in a 13-count criminal indictment, and after a bench trial, he was convicted of two counts of statutory rape OCGA § 16-6-3, four counts of child molestation OCGA § 16-6-4 a, and three counts of aggravated child molestation OCGA § 16-6-4 c.1 He appeals from his conviction and sentence, and from the denial of his motions for new trial, alleging that he did not knowingly, voluntarily, and intelligently waive his right to a jury trial, and that he received ineffective assistance of counsel. For the reasons that follow, we affirm.

Viewed in the light most favorable to the verdict, Jackson v. Virginia, 443 U. S. 307 99 SCt 2781, 61 LE2d 560 1979, the evidence shows that Talton committed the above-named offenses against three girls. The evidence shows, inter alia, that Talton touched A. B.’s private parts with his penis, fingers and mouth; penetrated her vagina such that she bled; and forced her to perform oral sex on him. These crimes occurred when A. B. was in kindergarten until she was in seventh grade, while he was living in her home and in a relationship with her mother. He threatened to hurt or kill her if she told anyone. The evidence also shows that when A. B.’s first cousin, J. W., was nine years old, Talton, inter alia, touched J. W.’s private parts with his penis or hand. He threatened to hurt her if she told anyone. Additionally, the evidence shows, inter alia, that when A. B.’s half-sister, whose initials also are A. B., was 11 or 12 years old, Talton put his mouth on her private parts and penetrated her vagina with his penis. Talton does not challenge the sufficiency of the evidence.

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