Damerow v. State

Following a jury trial, Jason George Damerow was convicted of child molestation OCGA § 16-6-4 a.1 The trial court denied Damerow’s motion for new trial. On appeal, Damerow 1 challenges the sufficiency of the evidence supporting his conviction. He further contends that the trial court erred in 2 failing to give the complete pattern jury charge on witness credibility and 3 admitting his prior convictions as impeachment evidence. In addition, Damerow asserts that 4 his trial counsel was ineffective. We discern no reversible error and affirm. On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and the defendant no longer enjoys a presumption of innocence. We do not weigh the evidence or resolve issues of witness credibility, but merely determine whether the evidence was sufficient to find the defendant guilty beyond a reasonable doubt. Citations and punctuation omitted. Fogerty v. State , 304 Ga. App. 546 1 696 SE2d 496 2010. So viewed, the trial evidence shows that Damerow was the stepfather of the 15-year-old victim, J. S. J. S. testified that in 2006, when she was between 13 and 14 years old, Damerow began grabbing her buttocks. She stated that eventually, the molestation escalated and Damerow would force her to kiss him. J. S. disclosed the incidents to her mother. Upon being confronted with the allegations, Damerow told the mother that J. S. had asked him to teach her how to kiss. The mother removed Damerow from the residence and obtained a divorce.

Later, in May 2007, Damerow began visiting the residence again. In September 2007, the mother allowed Damerow to move back into the residence. J. S. testified that when Damerow returned to the residence, the molestation continued and escalated further. On or about October 20, 2007, between the hours of 2:30 a.m. and 3:00 a.m., Damerow entered J. S.’s bedroom, laid on top of her, rubbed her breasts, and kissed her on the mouth, neck, and breasts. J. S. further testified that Damerow came into her bedroom and molested her almost every night. Damerow threatened to kill J. S. and her family if she told anyone about the molestation.