Kay v. State

The 8-year-old child molestation victim testified that the defendant touched her between her legs with his hand.

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Richard Kay appeals his conviction of child molestation. He contends the evidence presented was not sufficient to sustain his conviction, the trial court erred by granting the State’s motion in limine, and the trial court erred by denying his motion for new trial because his defense counsel was ineffective within the meaning of Strickland v. Washington , 466 US 668 104 SC 2052, 80 LE2d 674 1984. Finding no error, we affirm his conviction. 1. When reviewing the sufficiency of evidence, “the proper standard for review is whether a rational trier of fact could have found the defendant guilty beyond a reasonable doubt. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.” Dean v. State , 273 Ga. 806, 806-807 1 546 SE2d 499 2001. We review the evidence in the light most favorable to the verdict, giving deference to the jury’s determination as to the proper weight and credibility to be given. Id. at 807 1. It is the jury’s function to assess witness credibility, to resolve any conflicting evidence, and to determine the facts, not an appellate court. Butler v. State , 273 Ga. 380, 382 1 541 SE2d 653 2001. If competent evidence exists, though contradicted, to support the fact necessary to prove the State’s case, we will not reverse the jury’s verdict. Childress v. State , 251 Ga. App. 873, 876 2 554 SE2d 818 2001.

Viewed in the light most favorable to the verdict, the evidence shows that the eight-year-old victim told Department of Family and Children Services “DFCS” case workers that Kay had touched her “between the legs.” The interview, which was recorded and played for the jury, shows the victim saying that Kay touched her where he was not supposed to and that he touched her with his hand between her legs on top of her clothes more than once. At the trial, the victim was sometimes hesitant to testify, but did ultimately testify that Kay touched her between her legs with his hand.

Kay v. State

The 8-year-old child molestation victim testified that the defendant touched her between her legs with his hand.

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