Vaughhn v. State

The defendant came into the 12-year-old victim's bedroom while she was sleeping and digitally penetrated her genital area on several occasions.

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A Henry County jury convicted Bobby Lee Vaughn of child molestation and aggravated sexual battery. On appeal, Vaughn contends that there was insufficient evidence to convict him of the charged offenses. We disagree and affirm. On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and Vaughn no longer enjoys the presumption of innocence. We neither weigh the evidence nor assess the credibility of witnesses, but merely ascertain that the evidence is sufficient to prove each element of the crime beyond a reasonable doubt. Moreover, conflicts in the testimony of the witnesses are a matter of credibility for the jury to resolve. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the state’s case, the jury’s verdict will be upheld. Citation omitted. Vadde v. State , 296 Ga. App. 405 674 SE2d 323 2009. See Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979. So viewed, the evidence showed that the victim lived with her father in Henry County. Vaughn, a close friend of the victim’s father, often spent the night at the home. In June 2002, Vaughn entered the bedroom where the victim was sleeping, placed his hand beneath her pajama bottoms, and inserted his finger into her vagina. As the victim awoke and became aware of what Vaughn was doing to her, Vaughn stopped and exited the bedroom. The victim was 12 years old at the time. The same sequence of events, that of Vaughn coming into the bedroom while the victim was sleeping and digitally penetrating her genital area, occurred several more times after the initial incident.

The victim disclosed to her cousin and several of her school friends that Vaughn had sexually abused her. After one of her friends contacted the police, a detective interviewed the victim, who again disclosed what had happened. Following the victim’s disclosures, Vaughn was arrested and indicted on charges of child molestation and aggravated sexual battery.

Vaughhn v. State

The defendant came into the 12-year-old victim's bedroom while she was sleeping and digitally penetrated her genital area on several occasions.

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