On appeal from his conviction for attempted child molestation and other crimes, Marvin Smith argues inter alia that the evidence was insufficient and that the State’s peremptory strikes deprived him of a fair trial under Batson v. Kentucky , 476 U. S. 79 106 SC 1712, 90 LE2d 69 1986. We find that the evidence against Smith was sufficient to sustain his conviction. However, because Smith made out a prima facie case of discrimination by reason of the State’s strikes of two African-American veniremen resulting in the total exclusion of African-Americans from the jury, and because the trial court did not authorize the State to refute Smith’s prima facie case with race-neutral explanations of the strikes, we vacate that portion of the trial court’s order concerning Smith’s Batson challenge and remand for further proceedings. “On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, with the defendant no longer enjoying a presumption of innocence.” Reese v. State , 270 Ga. App. 522, 523 607 SE2d 165 2004. We neither weigh the evidence nor judge the credibility of witnesses, but determine only whether, after viewing the evidence in the light most favorable to the prosecution, a “rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia , 443 U. S. 307, 319 III B 99 SC 2781, 61 LE2d 560 1979.
So viewed, the record shows that on July 15, 2006, a volunteer associated with a citizen’s group and acting in concert with police received an online message from Smith and told him that she was 15 years old. Smith, who is African-American and was 35 years old at the time, sent pictures of himself to the woman. As their conversations continued over the next twelve days, the two discussed the sexual acts that might take place if they met, and Smith directed her to pornography sites showing African-American men having sex with white women. Smith acted throughout under the assumption that the woman was a girl of 15, telling her that “I could get in lots of trouble,” “I could go to jail,” and that he had been with girls as young as 14 in the past. After 12 days of conversations, the woman gave Smith her address. Smith drove to her house in the Nissan Altima he had named to the woman as his car. When police identified themselves there, Smith fled before being apprehended.
