Daniel v. State

Evidence that the defendant touched his 11-year-old step-granddaughter on her private parts and made her touch his private parts more than ten times supported his aggravated child molestation, child molestation and cruelty to children convictions.

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A jury found David Junior Daniel guilty of aggravated child molestation, three counts of child molestation, and one count of cruelty to children in the first degree. The jury found Daniel not guilty of an additional count of child molestation. Daniel appeals, alleging 1 the evidence was insufficient to support the jury’s verdict, 2 the trial court erred by allowing a continuous witness violation, 3 the trial court erred by giving erroneous jury instructions, 4 the trial court unlawfully restricted his cross-examination of the victim, and 5 the trial court improperly denied his motion to strike a juror for cause. We find no harmful error and affirm Daniel’s convictions. 1. On appeal from a criminal conviction, we view the evidence in the light most favorable to support the jury’s verdict, and the defendant no longer enjoys a presumption of innocence; moreover, this Court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.1 “Resolving evidentiary conflicts and inconsistencies, and assessing witness credibility, are the province of the factfinder, not this Court.”2 As long as there is some evidence, even though contradicted, to support each necessary element of the state’s case, this Court will uphold the jury’s verdict.3

Viewed in that light, the evidence shows that following a “good touch/bad touch” presentation by a school counselor, the eleven-year-old victim approached the counselor and told her that Daniel, her step-grandfather, had been touching her on her private parts and had been making her touch his private parts. According to the victim, Daniel would lay beside her, pull her pants and panties down, and touch her private parts. He would also pull her hand to his private parts. The victim told the counselor that this had happened more than once. The counselor reported the conversation to the Department of Family and Children Services “DFCS”.

Daniel v. State

Evidence that the defendant touched his 11-year-old step-granddaughter on her private parts and made her touch his private parts more than ten times supported his aggravated child molestation, child molestation and cruelty to children convictions.

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