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Harmon v. State

The defendant was not in custody when he gave his statement, since he voluntarily accompanied officers to the police station, was never handcuffed and never asked to leave the unlocked interrogation room.

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A jury found John Thomas Harmon guilty of one count of public indecency and four counts of sexual battery.1 On appeal, Harmon argues that the trial court erred in admitting his statement to law enforcement, failing to sever his trial on the public indecency charge, admitting similar transaction evidence, and sentencing him as a felon on the public indecency charge. Finding no error, we affirm. Viewed in a light favorable to the verdict,2 the evidence shows that Harmon admitted at trial that he committed the four sexual batteries with which he was charged, stating “I did lick the ladies on their butts.” In one incident, Harmon approached a woman shopping for shoes at a Target store in Douglasville and bumped into her from behind. Harmon told the woman that she looked good and offered to buy her a pair of shoes. He had money in his hand. After she refused his offer, Harmon made sexual comments to the woman and then pressed his face into her buttocks and licked her arm. As she fled, he unzipped his pants and began fondling himself. Harmon was convicted of one count of sexual battery for this incident.

Three days later, Harmon followed a woman who was shopping at a Wal-Mart in Douglas County. As the woman bent to reach an item on the shelf, Harmon bumped his head into her buttocks three times. Harmon then told the woman she was beautiful and asked for her phone number. When she responded negatively, he left. Harmon was convicted of three counts of sexual battery for this episode.

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