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Wheeler v. State

The trial court properly admitted the defendant's custodial statement, since he did not clearly and unequivocally assert his right to counsel prior to interrogation.

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Following a jury trial, Gregory Wheeler was convicted of aggravated sexual battery, cruelty to children and four counts of child molestation. He appeals, claiming that there is insufficient evidence to support the aggravated sexual battery conviction and that the trial court erred in admitting his statement to police into evidence. The claims are without merit, and we thus affirm the convictions. 1. On appeal from a criminal conviction, we view the evidence in the light most favorable to the jury’s verdict, and the appellant no longer enjoys a presumption of innocence.1 We do not weigh the evidence or determine the credibility of witnesses, but determine only whether there is sufficient evidence from which a rational trier of fact could have found the appellant guilty beyond a reasonable doubt.2

So viewed, the evidence shows that N. T. was 10 years old when she, her mother and brothers began living with Wheeler, who was dating the mother. A few weeks after the family moved in with Wheeler, he began molesting N. T. Among other things, Wheeler paid N. T. to show her breasts to him; drilled a hole in a door so he could watch N. T. in the bathroom; touched the child all over her body, including her breasts, buttocks, and vagina; exposed his penis to N. T. and rubbed it against her; and inserted his finger into her vagina. The abuse occurred virtually every day for the six years that the family lived with Wheeler.

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