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Bright v. State

Evidence that the defendant was intoxicated on the night in question supported the trial court's charge on voluntary intoxication.

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Following a jury trial, Stephen Bright was convicted on two counts of child molestation.1 He appeals his convictions and the denial of his motion for new trial, challenging the sufficiency of the evidence and arguing that the trial court erred by instructing the jury on the law of voluntary intoxication. For the reasons set forth below, we affirm. “On appeal from a criminal conviction, the evidence must be construed in a light most favorable to the verdict, and Bright no longer enjoys a presumption of innocence.” Punctuation omitted. Dennis v. State .2 In evaluating the sufficiency of the evidence to support a conviction, we do not weigh the evidence or determine witness credibility, but only determine whether a rational trier of fact could have found the defendant guilty of the charged offenses beyond a reasonable doubt. Jackson v. Virginia .3

So viewed, the record shows that in late January 2003, 13-year-old B. V., who was then living with her father and step-mother, went to spend the weekend with her mother and step-father at their home. At that time, Bright, who was a friend and employee of B. V.’s step-father, was also temporarily living at the home. That Friday night, after B. V.’s mother and step-father went to bed, Bright offered B. V., her 10-year-old half-sister, and the half-sister’s 10-year-old friend some bourbon and had several drinks with the three girls. After the two younger girls fell asleep, Bright and B. V. smoked some marijuana, and Bright began kissing B. v. He then lured B. V. into his bedroom, removed her pants, and put his fingers in her privates. A few minutes later, Bright started to put his privates into B. V.’s privates, but B. V. said that she had to use the bathroom, after which she left Bright’s room and did not return.

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