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Brown v. State

Circumstantial evidence regarding the defendant's access to and contact with the victim and the victim's prior consistent statement to police sufficiently corroborated her testimony at the defendant's trial for child molestation, statutory rape, and enticing a child for indecent purposes.

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On appeal from his conviction for child molestation, statutory rape, and enticing a child for indecent purposes, Rozell Brown argues that the evidence was insufficient as to the statutory rape count and that the trial court erred when it excluded evidence that could have impeached the victim’s aunt, when it failed to include the definition of enticing a child in the jury charge, and when it refused to charge on the lesser-included offense of sexual battery. We find no reversible error and 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.” Citation omitted. Reese v. State, 270 Ga. App. 522, 523 607 SE2d 165 2004. We neither weigh the evidence nor judge the credibility of witnesses, but determine only whether, after viewing the evidence in the light most favorable to the prosecution, a “rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Citation omitted. Jackson v. Virginia, 443 U. S. 307, 319 III B 99 SC 2781, 61 LE2d 560 1979.

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