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Driggers v. State

The defendant's admissions supported his convictions.

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An Effingham County jury convicted Clayton Manning Driggers of aggravated sexual battery and child molestation. Driggers appeals from the denial of his motion for new trial, contending that the evidence was insufficient to sustain his convictions. For the reasons that follow, we affirm.On appeal from a criminal conviction, we view the evidence in the light most favorable to the 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 under the standard of Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979. Citation and punctuation omitted. Aaron v. State , 275 Ga. App. 269 1 620 SE2d 499 2005. So viewed, the evidence shows that Driggers had known the 15-year-old victim for many years. The victim and Driggers’s niece were close friends, and Driggers had befriended the victim’s mother. One evening, the victim and Driggers’s niece visited Driggers’s home. Driggers ordered a pizza and gave the victim beer to drink. Later that night, the girls became tired and Driggers told them that they could sleep in his bed. While the girls were sleeping, the victim was awakened when she felt Driggers’s hand inside of her pants. Driggers digitally penetrated the victim’s vagina and masturbated until he ejaculated onto the victim.

The victim pretended to be asleep throughout the incident and did not resist because she was afraid. She “put her face into the pillow and squeezed her eyes shut, hoping Driggers would stop.” Following the incident, the victim felt nauseated, ran to the bathroom, and vomited. Thereafter, Driggers tried to convince the victim to come back into the bedroom, but the victim refused and instead spent the rest of the night on the couch.

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