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Falak v. State

Defendant failed to show that use of the court-appointed translator violated his right to participate in his trial in a meaningful way.

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A jury found Abdullah Falak guilty of three counts of child molestation, and one count each of aggravated sexual battery, incest and statutory rape in connection with offenses committed against his stepdaughter. Falak was found not guilty of aggravated child molestation. He appeals from the judgments of conviction entered upon the verdicts, contending that the evidence was not sufficient to support the verdicts, the trial court erred in denying his motion for a mistrial after the victim impugned his character, he was denied a fair trial because the English-Arabic interpreter provided at trial was not an effective translator, and he received ineffective assistance of trial counsel. The enumerations are without merit, so we affirm the convictions. 1. Falak contends that the evidence was insufficient to support the verdict. He insists that the child’s testimony was inconsistent and uncorroborated, and that it should not have been believed. The evidence was sufficient.

On appeal, the evidence must be viewed in the light most favorable to the verdict.1 An appellant no longer enjoys the presumption of innocence, and the appellate court determines only the sufficiency of the evidence.2 This court does not judge the credibility of the witnesses.3

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