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Brown v. State

The State was not required to show that the defendant was actually aroused in order to prove that he was guilty of child molestation.

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Marquis Brown was tried by a Clayton County jury and convicted on four counts of child molestation.1 In this out-of-time appeal from the denial of his motion for a new trial, Brown argues that the evidence is insufficient to sustain his convictions. Brown also asserts that the trial court erred in requiring that the written statement given to police by one of the victims be redacted before it could be introduced at trial, thereby precluding him from impeaching that victim’s credibility. Additionally, Brown alleges error by the trial court in allowing the introduction of testimony that Brown had previously committed acts of domestic violence against the mother of his victims. We find no error and affirm.

“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.” Citation omitted. Marriott v. State, 320 Ga. App. 58 739 SE2d 68 2013. So viewed, the record shows that Brown’s victims, J. C. and T. D., are the daughters of his former girlfriend. Brown lived with the mother and daughters for approximately 2 years, and during that time he molested J. C. on three occasions and T. D. on one occasion.

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