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Pyburn v. State

The defendant had a sexual relationship with his biological and adoptive daughter, which resulted in five children.

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Thomas Larry Pyburn appeals his conviction for incest.1 He claims that the evidence was insufficient to authorize his conviction and that he received ineffective assistance of trial counsel. We disagree and affirm. “Following a criminal conviction, we view the evidence in the light most favorable to the jury’s verdict, and the defendant is no longer presumed innocent.” Neugent v. State , 294 Ga. App. 284, 285 1 668 SE2d 888 2008. So viewed, the evidence showed that D. P. is the biological and adoptive daughter of Pyburn and Teresa Finley. In November 1973, Pyburn began a sexual relationship with Finley and shortly thereafter, Finley became pregnant with D.P. Finley testified at trial that at the time she became pregnant, she was not having sexual relations with any other person. According to the forensic biologist who testified at trial, DNA tests showed a 99.999 percent probability that Pyburn was D. P.’s father.

Finley called Pyburn some time in 1974 and told him she was pregnant with his child. Pyburn told her he was getting married and not to bother him anymore. Pyburn and Finley did not have any contact until about fourteen years later, when in November 1988, the two engaged in a telephone conversation. During the conversation, Finley told Pyburn that he had a beautiful fourteen year old daughter.

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