X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Leslie Earl Cannon was convicted of aggravated child molestation of the young son of a fellow employee, and two counts of sexual exploitation of children, two counts of enticing a child for indecent purposes, and two counts of child molestation with respect to his grandnephews.1 He appeals, and although we find no harmful error, we remand this case to the trial court for a hearing on Cannon’s claim of ineffective assistance of counsel. 1. Cannon raises the sufficiency of the evidence. He contends the State failed to prove aggravated child molestation, child molestation, or sexual exploitation of children. We find the evidence sufficient to uphold the convictions under the standard established in Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979. Accord Berman v. State , 279 Ga. App. 867, 869 1 632 SE2d 757 2006 victim’s testimony sufficient to sustain conviction for aggravated child molestation; Phillips v. State , 269 Ga. App. 619, 629-630 8 604 SE2d 520 2004 jury could infer intent from defendant’s surreptitious conduct in bathing and photographing child in the nude without mother’s knowledge; Craft v. State , 252 Ga. App. 834, 839-840 1 558 SE2d 18 2001 whether photograph depicts “lewd exhibition of genitals” is for trier of fact; Thompson v. State , 187 Ga. App. 563 2 370 SE2d 819 1988 evidence sufficient when defendant made child dance naked in his presence.

2. Cannon complains that the trial court erred in allowing evidence of a similar transaction. Because Cannon failed to preserve the transcript of the hearing on the similar transaction which took place approximately one month before trial, failed to provide a record of his objections through motion or other pleading in the record, and failed to restate his objections specifically at the time he renewed his objection to the similar transaction testimony, we do not know the basis on which he objected below. We therefore will not address his specific objections on appeal. See Freeman v. State , 269 Ga. App. 435, 436 1 604 SE2d 280 2004. We will, however, consider the general prerequisites for admission of similar transaction evidence. In order to admit evidence of similar transactions, the State must show an appropriate purpose, sufficient evidence to establish that the defendant committed the similar act, and a sufficient connection between the similar act and the crime charged. Appropriate purposes include showing motive, plan, scheme, bent of mind, and course of conduct. In cases of sexual abuse of children, evidence of prior sexual acts performed on other children is admissible to show the lustful disposition of the defendant toward children, and, because there is seldom a competent witness other than the victim to what occurred, to corroborate testimony of the victim as to the acts charged. The trial court’s decision to admit similar transaction evidence will not be disturbed absent an abuse of discretion. Citations, punctuation, and footnotes omitted. Mikell v. State , 281 Ga. App. 739, 742 2 637 SE2d 142 2006.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
August 12, 2024 - August 13, 2024
Sydney, New South Wales

General Counsel Summit is the premier event for in-house counsel, hosting esteemed legal minds from all sectors of the economy.


Learn More

COLE SCHOTZ P.C. TRUSTS & ESTATES ADMINISTRATIVE ASSISTANT: NEW JERSEY OR NEW YORK OFFICES: Prominent mid-Atlantic la...


Apply Now ›

Post & Schell's Casualty Litigation Department is currently seeking an attorney with 2- 4 years of litigation experience, preferably in ...


Apply Now ›

A client focused Atlanta Personal Injury Law Firm is seeking an experienced, highly motivated, and enthusiastic personal injury attorney who...


Apply Now ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›