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Selfe v. State

Based on the language of the defendant's indictment, the state had to prove that the defendant and the undercover resource officer, whom he contacted through an internet chat room, were in the physical presence of each other and the evidence showed only that the defendant used his home computer in Paulding county, while the undercover officer used her computer in Fayette county.

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Scott D. Selfe, convicted by a jury of one count of computer pornography and child exploitation and one count of obscene internet contact, appeals, contending that the evidence was legally insufficient, the State failed to prove venue, and, based on the rule of lenity, his convictions should have been reduced to electronically furnishing obscene materials to a minor. 1. When a criminal defendant challenges the sufficiency of the evidence supporting his or her conviction, “the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Citation omitted; emphasis in original. Jackson v. Virginia , 443 U. S. 307, 319 III B 99 SC 2781, 61 LE2d 560 1979. The jury, not this Court, resolves conflicts in the testimony, weighs the evidence, and draws reasonable inferences from the evidence. Id. “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 and punctuation omitted. Miller v. State , 273 Ga. 831, 832 546 SE2d 524 2001.

So viewed, the evidence shows that Corporal Heather Lackey was employed by the Peachtree City Police Department in Fayette County, Georgia as a community resource officer focusing on internet crimes against children. She had worked in this capacity for four and a half years before her encounter with Selfe in March 2006.1

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