Mikell v. State

The trial court properly admitted similar transaction evidence regarding the defendant's prior conviction in South Carolina for committing a lewd act on a child and his sexual relationship with a different 12-year-old girl, to show his bent of mind and lustful disposition toward young girls.

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Following a jury trial, Kenneth Mikell was convicted on one count of enticing a child for indecent purposes1 and on three counts of child molestation.2 He appeals his conviction and the denial of his motion for new trial, i challenging the sufficiency of the evidence and ii arguing that the trial court erred in a admitting similar transaction evidence, b allowing the State to make improper closing arguments, c admitting the testimony of the victim and her younger sister, d admitting hearsay testimony, and e denying his claims of ineffective assistance of counsel. For the reasons set forth below, we affirm. 1. We first address Mikell’s contention that the evidence was insufficient to support his conviction. “On appeal from a criminal conviction, the evidence must be construed in a light most favorable to the verdict, and Mikell no longer enjoys a presumption of innocence.” Berry v. State .3 When evaluating the sufficiency of the evidence to support a conviction, we do not weigh the evidence or determine witness credibility, but only determine whether a rational trier of fact could have found the defendant guilty of the charged offenses beyond a reasonable doubt. Jackson v. Virginia .4

So viewed, the record shows that on July 26, 2003, Althea McDonald, her six-year-old daughter N. M., and her five-year-old daughter J. M. were temporarily residing in a rental home when she called the property management company to request that a plumber repair a leaking sink. The management company told Mrs. McDonald that Kenneth Mikell would be sent to make the repairs. Sometime before noon, Mikell arrived at the residence and was let in the front door by N. M. Mikell walked through the house to the back door to inform Mrs. McDonald, who was gardening in the back yard, that he had arrived. Mrs. McDonald showed Mikell which sink needed repairs, asked him also to inspect the hot water heater, and then returned to her gardening.

Mikell v. State

The trial court properly admitted similar transaction evidence regarding the defendant's prior conviction in South Carolina for committing a lewd act on a child and his sexual relationship with a different 12-year-old girl, to show his bent of mind and lustful disposition toward young girls.

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