Turner v. State

Howard Turner, Sr. and his brother, Harold Turner, were jointly indicted, tried and found guilty by a jury of raping and sexually molesting a female child. Their separate appeals Howard Turner, Sr., A04A2164; and Harold Turner, A04A2165 are consolidated in this opinion. For the following reasons, we affirm the judgment of conviction in both cases. 1. Contrary to claims by both appellants, the evidence was sufficient to support the guilty verdicts. The child was between six and nine years old at the time of the events at issue, and was eleven years old when she testified at the trial. She testified that, while she was living with her mother and stepfather, both Howard Turner, Sr. and Harold Turner had sexual intercourse with her on numerous occasions. The child also testified that Harold Turner used his finger to fondle her vagina on various occasions. The child’s stepmother gave hearsay testimony admissible pursuant to OCGA § 24-3-16 that the child told her that Howard Turner, Sr. fondled the child’s vagina with his fingers. Although the child gave inconsistent statements about the events at issue, her credibility was for the jury to determine. OCGA § 24-9-80; Dunagan v. State , 255 Ga. App. 309 565 SE2d 526 2002. The evidence was sufficient for a rational trier of fact to find the appellants guilty of rape and child molestation. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

As to additional claims by the appellants that the child was incompetent to testify because of mental illness, the trial court found the child competent after a hearing conducted prior to her testimony, and we find no abuse of discretion in this ruling. Simmons v. State , 251 Ga. App. 682, 685 555 SE2d 59 2001.