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Mims v. State

The defendant was not entitled to a charge on alcohol impairment, because he did not raise the defense of insanity due to alcohol consumption.

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Keith Gary Mims was convicted by a jury of contributing to the delinquency of a minor N. K., sexual battery N. K., cruelty to children L. P., and rape L. P.. He appeals from the judgment entered on his convictions, sentencing him to serve 25 years in prison and the remainder of his life on probation.1 On appeal from a criminal conviction, we view the evidence in a light favorable to the verdict, and Mims no longer enjoys a presumption of innocence. See McGee v. State , 287 Ga. App. 460 651 SE2d 546 2007. We neither weigh the evidence nor resolve issues of witness credibility, but determine only whether the evidence was sufficient to allow a rational trier of fact to find the accused guilty beyond a reasonable doubt. See id.

So viewed, the evidence was that N. K., who was 16 years old in December 2006, was friends with L. P., who was 17 years old. N. K. attended Trinity Fellowship, a church in Peachtree City, where Mims and his wife were youth leaders, assisting the youth pastor with church activities. N. K. invited L. P. to attend the youth group with her and L. P. had attended two or three times, including going to Mims’ house with other young people when Mims and his wife were both present. Prior to December 19, 2006, N. K. had discussed with Mims her desire to drink alcoholic beverages and Mims had told her that she and L.P. were welcome to drink at his house and he would be there with them.

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