Dinkler v. State

The trial court's error in failing to charge on the lesser offense of battery was harmless, given the overwhelming evidence that the defendant committed the greater offense.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Earl Dinkler was convicted of two counts of cruelty to children by a Henry County jury and sentenced to fifteen years, two to serve in confinement with the balance on probation.1 On appeal, Dinkler charges that the trial court erred when it failed to charge the jury on the lesser included offense of battery and when it denied his motion for directed verdict of acquittal. We affirm. Construed in favor of the verdict, the evidence showed that early in the morning on August 4, 2007, thirteen-year-old P. D., appellant’s adopted daughter, knocked on her neighbor Donna Chapman’s door and asked her for water, explaining that she had been running laps. When Chapman returned to the door, P. D. was not there. Chapman testified that later that afternoon, Dinkler visited her home to give her husband some information, and while talking, appeared to be trying to look inside her house. After Dinkler left, P. D. knocked on the door again. Chapman recalled that P. D.’s clothes were dirty and sweaty, as were her hair and nails. Chapman testified that P. D. told her that she was thirsty and hungry and had been hiding under Chapman’s house; that P. D. explained that she was hiding from her parents; that she watched P. D. drink several bottles of water and fed her dinner; and that P. D. told her that she was afraid to go home because her parents had hit her. Chapman called the police.

Officer James McDaniel of the McDonough Police Department testified that he responded to Chapman’s 911 call and that P. D. told him that she was afraid to go home because of the spankings she received when she did not finish exercises or chores that her parents required her to do. McDaniel contacted his supervisor then visited Dinkler’s home to question him. According to McDaniel, Dinkler admitted that he spanked P. D. because she had not finished her squats and that they made the children exercise because they had anger issues. Based on the initial investigation, McDaniel transported P. D. and her younger brother, J. D., to the hospital for evaluation.

Dinkler v. State

The trial court's error in failing to charge on the lesser offense of battery was harmless, given the overwhelming evidence that the defendant committed the greater offense.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report