Ortiz v. State

The state proved venue in Gwinnett county through the victims' testimony that the sexual abuse occurred at their home and the testimony of investigating officers that the victims' residence was located in Gwinnett.

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A Gwinnett County jury found Ricardo Ortiz guilty beyond a reasonable doubt of two counts of child molestation, OCGA § 16-6-4 a.1 Ortiz appeals from the denial of his motion for new trial, contending the State presented insufficient evidence of venue, the trial court erred in admitting certain evidence, and trial counsel provided ineffective assistance. Finding no error, we affirm. 1. Ortiz argues that the State failed to prove venue by showing that the alleged acts of child molestation occurred in Gwinnett County.2 On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict and an appellant no longer enjoys the presumption of innocence. This Court determines whether the evidence is sufficient under the standard of Jackson v. Virginia , 443 placecountry-regionU. S.307 99 SC 2781, 61 LE2d 560 1979, and does not weigh the evidence or determine witness credibility. Any conflicts or inconsistencies in the evidence are for the jury to resolve. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, we must uphold the jury’s verdict. Citations omitted. Rankin v. State , 278 Ga. 704, 705 606 SE2d 269 2004. The standard of Jackson v. Virginia is met if the evidence is sufficient for any rational trier of fact to find the defendant guilty beyond a reasonable doubt of the crime charged. Clark v. State , 275 Ga. 220, 221 1 564 SE2d 191 2002.

Generally, a criminal action must be tried in the county in which the crime was committed, and the State may establish venue by whatever means of proof are available to it, including direct and circumstantial evidence. Whether the evidence as to venue satisfied the reasonable-doubt standard was a question for the jury, and its decision will not be set aside if there is any evidence to support it. Citations, punctuation and footnotes omitted. Mahone v. State , __Ga. App.__ 2 668 SE2d 303 2008 Case No. A08A1419, decided October 2, 2008.

Ortiz v. State

The state proved venue in Gwinnett county through the victims' testimony that the sexual abuse occurred at their home and the testimony of investigating officers that the victims' residence was located in Gwinnett.

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