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Mitchell v. State

Only minimal evidence was required to prove that the crime of sodomy was aggravated.

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Bruce Edward Mitchell was convicted by a jury of multiple counts of aggravated sodomy, aggravated child molestation and child molestation. He appeals, challenging the sufficiency of the evidence and the trial court’s charge to the jury. We affirm. 1. Mitchell first challenges his conviction on the aggravated sodomy counts, arguing that the State failed to prove that he perpetrated the acts of oral and anal sodomy on his three male victims, who ranged in age from seven to nine years, forcibly and against their will. See Brewer v. State , 271 Ga. 605 523 SE2d 18 1999.1 Only a minimal amount of evidence is necessary to prove that an act of sodomy involving a child was done with force and against the child’s will, and such evidence can consist of “threats of death or physical bodily harm or mental coercion, such as intimidation.” Brewer v. State , 271 Ga. 605, 607 523 SE2d 18 1999. Driggers v. State , 295 Ga. App. 711, 714 1 673 SE2d 95 2009.

“Moreover, force may be proved by direct or circumstantial evidence.” Citations and punctuation omitted. Boileau v. State , 285 Ga. App. 221, 223 1 a 645 SE2d 577 2007.

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