Smith v. State

The Court reversed the defendant's conviction for child molestation because the jury charges allowed a conviction in a manner not alleged in the indictment.

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Brenton James Smith was charged with child molestation1 and statutory rape.2 The jury found him guilty of child molestation and not guilty of statutory rape. Smith appeals the denial of his motion for new trial, arguing that the trial court erred in its charge to the jury. We agree, and therefore reverse. On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence. In addition, we determine only the legal sufficiency of the evidence adduced at trial and do not weigh the evidence or assess the credibility of the witnesses.3 So viewed, the facts relevant to this appeal show that when the victim, A. S., was 12 years old, her mother sent her on weekends to stay with a family friend, “Mac” Caldwell. Caldwell told A. S. that she could be a model, and he began photographing her. Initially, A. S. was clothed for the photographs, but Caldwell then provided her with alcohol and took what the victim described as “promiscuous” photographs, including one of her vagina. Caldwell then uploaded a photograph of A. S. onto an adult website, listing her name as a pseudonym.4 Caldwell then communicated with men who accessed the website, and he gave them the number for A. S.’s cell phone, which he had provided for her. According to A. S., she received phone calls from “lots” of men.

Smith began communicating with the person he believed to be A. S. via instant messenger and then through email, including exchanging photographs of Smith and A. S. and Smith’s penis; it appears, however, that Smith was actually communicating with Caldwell, who was holding himself out as A. S.5 Caldwell then gave A. S. Smith’s phone number, and she called him. A. S. and Smith had multiple telephone conversations, and they eventually set up a meeting at Caldwell’s house.

Smith v. State

The Court reversed the defendant's conviction for child molestation because the jury charges allowed a conviction in a manner not alleged in the indictment.

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