Mote v. State

The state failed to show that the defendant participated in the alleged act of aggravated sodomy as alleged in her indictment.

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A Floyd County Jury found Kimberly Faye Mote guilty of aggravated sodomy, OCGA § 16-6-2 a 1; child molestation, OCGA § 16-6-4 a; and aggravated child molestation, OCGA § 16-6-4 c. She appeals from the denial of her motion for new trial, challenging the sufficiency of the evidence and contending the trial court improperly limited her closing argument. For the reasons set forth more fully below, we reverse Mote’s conviction for aggravated sodomy but affirm her remaining convictions. 1. Mote contends that the State failed to adduce evidence sufficient to sustain her convictions and that the trial court should have a directed verdict of not guilty as to each offense. On appeal from a criminal conviction, the evidence is viewed in the light most favorable to the verdict. We do not weigh the evidence or determine witness credibility but only determine whether the evidence is sufficient under Jackson v. Virginia , 443 U. S. 307 99 S. Ct. 2781, 61 LE2d 560 1979. The standard for reviewing both a challenge to the sufficiency of the evidence and the denial of a motion for a directed verdict is that the verdict must be upheld if any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Citations omitted. Corbett v. State , 277 Ga. App. 715 1 627 SE2d 365 2006. So viewed, the record reveals the following relevant evidence.

Ten-year-old J. G. testified that, on the weekends, she stayed with her father, Larry Gott, and his live-in girlfriend, Kimberly Mote. Gott and his wife divorced when J. G. was an infant, and J. G. began visitation with him shortly after the divorce. The State adduced evidence that while J. G. was in Gott’s custody, he molested her many times over a number of years and in a variety of ways, including performing oral sex on J. G. and having J. G. perform oral sex on him. Gott also made J. G. watch videotapes depicting sex acts between women. A doctor testified that J. G.’s hymen was torn in a manner consistent with sexual abuse.

Mote v. State

The state failed to show that the defendant participated in the alleged act of aggravated sodomy as alleged in her indictment.

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