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Boynton v. State

The victims' testimony that they were 15 years old when the defendant started committing various sexual offenses against them authorized the jury to find that the offenses occurred before the victims turned 16.

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A jury found Jeffrey Boynton guilty of five counts of child molestation, one count of sexual battery, three counts of aggravated child molestation, and one count of incest, for offenses committed against his two nieces. He appeals from the convictions entered on the verdict, challenging the sufficiency of the evidence to support the convictions on nine of the counts. He also contends the court erred in admitting similar transaction evidence because it was too old, and in allowing testimony that he gave one of the victims illegal drugs. The arguments are without merit, so we affirm the convictions. 1. Boynton contends the evidence was insufficient to find him guilty of committing child molestation as alleged in Count 2 of the indictment. That count alleged that Boynton committed the act of child molestation by placing his hand on L. B.’s vagina with the intent to arouse and satisfy his sexual desires. Boynton’s sufficiency challenge is based solely on the argument that the state failed to prove that the child was under the age of 16 when the alleged acts occurred. The evidence was sufficient.

On appeal, the evidence is viewed in the light most favorable to support the verdict, and a defendant no longer enjoys a presumption of innocence; moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.1 The standard for reviewing a challenge to the sufficiency of the evidence is whether the evidence was sufficient for a rational trier of fact to find beyond a reasonable doubt that the defendant was guilty of the charged offense.2

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