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Colon v. State

The presence of a prosecutor during grand jury deliberations and voting is improper, compromises key elements of the grand jury process and is harmful as a matter of law.

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A jury found Jose Fernando Colon guilty of five counts of aggravated child molestation, four counts of statutory rape, and four counts of furnishing alcohol to a minor. Colon appeals, alleging thirteen enumerations of error. We find no merit to his enumerations of error, and affirm Colon’s convictions. On appeal from a criminal conviction, we view the evidence in a light most favorable to support the jury’s verdict, and the defendant no longer enjoys a presumption of innocence; moreover, this Court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.1 Resolving evidentiary conflicts and inconsistencies, and assessing witness credibility, are the province of the factfinder, not this Court.2 As long as there is some evidence, even though contradicted, to support each necessary element of the state’s case, this Court will uphold the jury’s verdict.3

Viewed in this light, the evidence shows that Colon, who is 26 years old, had an illicit sexual relationship with four minor girls, 12 and 13 years of age. He also gave these girls alcohol to drink. Each of the girls testified as to the sexual acts Colon committed on them or on the other girls in their presence. Two condoms containing Colon’s spermatozoa were recovered from a crime scene based on information from the victims.

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