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Blocker v. State

The victim's testimony supported the defendant's convictions for rape and false imprisonment.

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A jury found Tony Bernard Blocker guilty of two counts of rape and one count of false imprisonment and not guilty of two counts of aggravated child molestation and one count of aggravated sexual battery. Blocker appeals, claiming that the evidence was insufficient to support his convictions and that the trial court erred in denying his motion for a directed verdict and motion for a judgment notwithstanding the verdict. Finding no error, we affirm. The standard of review for the denial of a motion for a directed verdict of acquittal and the denial of a motion for a judgment notwithstanding the verdict are the same as for determining the sufficiency of the evidence to support a conviction.1 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.2 Moreover, we do not weigh the evidence or determine witness credibility, as “resolving evidentiary conflicts and inconsistencies, and assessing witness credibility, are the province of the fact-finder, not this Court.”3 We need only determine if the evidence was sufficient to enable a rational trier of fact to find the defendant guilty of the charged offenses beyond a reasonable doubt.4

Here, the evidence shows that when the victim was 11 years old, she, along with her mother and younger siblings, moved into Blocker’s apartment in DeKalb County. The victim testified that over the next two years, Blocker had vaginal and anal intercourse with her numerous times. She also claimed that the sexual abuse included incidents in which Blocker forcibly held her down and confined her. In May, 2006, when the victim was 13 years old, she and her family moved out of Blocker’s apartment. Almost immediately thereafter, the victim reported the sexual abuse to which Blocker had subjected her.

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