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McIntyre v. State

The evidence was sufficient to support the defendant's child molestation conviction.

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A jury convicted James Jerome McIntyre of child molestation, OCGA § 16-6-4 a 1. The trial court denied his motion for new trial. On appeal, McIntyre contends that the evidence was insufficient to sustain his conviction. He further argues that the trial court abused its discretion by failing to grant a continuance to allow additional time for his trial preparations and erred by allowing a detective to testify using notes that had not been disclosed during discovery. For the reasons that follow, we affirm. 1. On appeal from a criminal conviction, we view the evidence in the light most favorable to the jury’s verdict, and the defendant is no longer afforded a presumption of innocence; we do not weigh the evidence or determine witness credibility. See Daniel v. State , 296 Ga. App. 513 1 675 SE2d 472 2009. “As long as there is some evidence, even though contradicted, to support each necessary element of the state’s case, this Court will uphold the jury’s verdict.” Id. See also Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

So viewed, the trial evidence shows that on June 15, 2005, the Stephens County Sheriff’s Office was called to the victim’s residence to investigate an allegation of child molestation. The four-year-old female victim had disclosed to her mother that McIntyre, a neighbor, had touched her vagina. The responding officer spoke to the victim’s mother and McIntyre regarding the allegation.

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