Daniel v. State

The defendant failed to show harm from the admission of a prior burglary conviction, since he himself testified that he was previously convicted of numerous other offenses.

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A Dekalb County jury convicted Scottie Terrell Daniel of aggravated sexual battery and three counts of child molestation. Daniel appeals from the denial of his motion for new trial, asserting several errors with respect to the trial court’s response to a note from the jury. He also contends that the trial court erred in allowing the state to introduce evidence of his prior burglary conviction; in allowing extrinsic material to be taken into the jury room; and in admitting “improperly redacted” impeachment evidence. Daniel further contends that his counsel rendered ineffective assistance. Lastly, Daniel contends that the trial court erred in failing to merge the aggravated sexual battery Count 1 and the child molestation Count 2 offenses. For the reasons that follow, we affirm. Viewed in the light most favorable to the verdict,1 the evidence shows that Daniel was the live-in boyfriend of the victim’s mother. The molestation occurred one evening when Daniel and the twelve-year-old victim, Q. M., watched a movie together in the mother’s bedroom. Eventually, Q. M. fell asleep, but she was awakened after she “felt Daniel’s hands going through her bra and her underwear.” Q. M. felt Daniel touching her breasts, buttocks, and vagina. During the encounter, Daniel also digitally penetrated Q. M.’s vagina. After Q. M. protested and told Daniel to stop touching her, Daniel left the bedroom.

Q. M.’s uncle, cousin, and sister were at the residence when the molestation occurred, but they had been sleeping in another room. Q. M. did not immediately disclose the incident to her relatives. Later that evening, however, she made an outcry to her aunt with whom she had a close relationship. The aunt subsequently told Q. M.’s mother about the incident and the mother then called the police. An investigation ensued which ultimately lead to Daniel’s arrest, indictment, and trial.2

Daniel v. State

The defendant failed to show harm from the admission of a prior burglary conviction, since he himself testified that he was previously convicted of numerous other offenses.

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