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Lancaster v. State

The evidence, including the 8-year-old victim's testimony, supported the defendant's convictions.

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Following a jury trial, Tommy Eugene Lancaster appeals his convictions on one count of aggravated child molestation and one count of child molestation, arguing that the evidence was insufficient to support the jury’s verdict. We disagree and affirm. When reviewing a defendant’s challenge to the sufficiency of the evidence, we view the evidence in the light most favorable to the jury’s verdict, and the defendant no longer enjoys the presumption of innocence. We do not weigh the evidence or determine witness credibility, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt. Citations and footnotes omitted. Northern v. State , 285 Ga. App. 303, 303-304 1 645 SE2d 701 2007. See Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 L.Ed.2d 560 1979. So viewed, the evidence adduced at trial showed that on the evening of September 23, 2003, appellant was left alone in his home with his eight year old daughter. At some point in the evening, the child’s maternal grandmother went to appellant’s home and discovered appellant in bed with his daughter. The child’s pants were pulled down and appellant was rubbing his penis on the child’s thighs.

When the child’s mother returned home, the child told her that appellant had “took his private part and touched her private part” and that he had also touched his mouth to her “private part.” The child relayed that appellant had warned her not to tell anyone.

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