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Morrow v. State

The defendant was not entitled to a mistrial after the 8-year-old aggravated sodomy victim's videotaped interview failed to mute portions of the tape in which the victim discussed the defendant trying to touch a second girl, since any error was harmless, as the evidence was admissible as either res gestae or to prove the defendant's lustful disposition.

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After a jury trial, Gary Morrow was convicted of aggravated sodomy, aggravated child molestation, and other crimes arising from his contact with his eight-year-old niece. Morrow now appeals on the grounds that the evidence was insufficient and that the trial court erred when it denied his motion for mistrial concerning the playing of the victim’s videotaped statement. We find no error and affirm. On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, with the defendant no longer enjoying a presumption of innocence. Reese v. State , 270 Ga. App. 522, 523 607 SE2d 165 2004. We neither weigh the evidence nor judge the credibility of witnesses, but determine only whether the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

So viewed, the record shows that in July 2002, the eight-year-old victim had been abandoned by her parents and had been living with her uncle Morrow on and off for over three years when a caseworker for the Georgia Department of Family and Children’s Services DFACS received reports that she had been abused. The caseworker went to Morrow’s home and obtained custody a few days later. The victim then entered foster care.

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