Clyde B. Bynum, Jr., was convicted of child molestation in 20021 for acts committed against his 15-year-old daughter. He was sentenced to 20 years in prison. Bynum raises nine enumerations of error on appeal. Finding no error, we affirm the judgment of conviction but remand the case to the trial court for a hearing on Bynum’s claim of ineffective assistance of trial counsel. 1. We first address Bynum’s contention that the evidence is insufficient to support his conviction. On appeal the evidence must be viewed in the light most favorable to support the verdict, and an appellant no longer enjoys a presumption of innocence; moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or determine witness credibility. When the sufficiency of the evidence is challenged, this Court considers whether a rational trier of fact could have found the defendant guilty of the charged offenses beyond a reasonable doubt.2 Properly viewed, the evidence shows that one Sunday evening in October of 2001, the victim, B. B., and Bynum were home alone. He called B. B. into the living room, told her to sit on his lap, started rubbing her back, and said that if she would “do something for him,” he would let her go out with her boyfriend. B. B. testified that she asked Bynum, “do you want me to do housework or yard work or something And he said no, I want you to do something for me.” Bynum told her to lay on the couch and said he would rub her back. Instead, when B. B. laid down on her stomach, he straddled her and rubbed his penis on her rear end. Bynum also pulled her shorts down and started rubbing her rear end. B. B. told him to stop, and he did. However, Bynum persuaded her to take off her shirt and began rubbing her breasts. When B. B. said she wanted to go back to her room, Bynum kept touching her breasts and told her, “you shouldn’t be ashamed of these, these are beautiful.” B. B. returned to her room, and Bynum asked her for a towel. B. B. brought him a towel; Bynum had his pants down and was playing with himself.
B. B. made an outcry to a friend at school on the following day, and the friend told B. B.’s sister, who immediately sought out B. B. The victim confirmed that Bynum had rubbed her breasts. B. B. and her sister confronted Bynum, who said “he had said he was sorry,” apparently to a third party, and explained “that’s why he stays outside when we were alone.”
