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Mastrogiovanni v. State

The defendant voluntarily and knowingly waived his right to a jury trial on numerous counts of sexually exploiting children.

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Following a bench trial, Ronald Mastrogiovanni was convicted of 11 counts of sexual exploitation of children. Following the denial of his motion for new trial, he appeals and contends that the trial court erred in finding that Mastrogiovanni voluntarily and knowingly waived his right to a jury trial, and that trial counsel was ineffective. Upon our review, we affirm.

“On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, with the defendant no longer enjoying a presumption of innocence.” Reese v. State, 270 Ga. App. 522, 523 607 SE2d 165 2004. The evidence in this case demonstrates that Mastrogiovanni’s arrest resulted from a tip that the Georgia Bureau of Investigation received from the National Center for Missing and Exploited Children the “Center”. AOL had forwarded an email message with an imbedded image depicting apparent child pornography to the Center, which forwarded the information to the GBI’s Internet Crimes Against Children Unit. The email account was traced to Mastrogiovanni, and after police executed a search warrant at his house, they discovered multiple images of child pornography on his personal computer. Mastrogiovanni was arrested and later indicted on 11 counts of sexual exploitation of children. After a bench trial, he was found guilty of all counts and sentenced to 20 concurrent years on each count. Although Mastrogiovanni does not challenge the sufficiency of the evidence against him, a review of the record establishes that the evidence was sufficient to authorize the fact-finder to find him guilty of all counts charged. Haynes v. State, 317 Ga. App. 400, 401 1 731 SE2d 83 2012.

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