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Hinton v. State

The trial properly admitted evidence that the defendant fondled his nephew's private parts to impeach his sister's testimony that defendant never exhibited any inappropriate behavior towards any of her kids.

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After a jury trial, Jeremy Hinton was convicted of aggravated child molestation, child molestation and false imprisonment for offenses committed against his ten-year-old niece, W. P. Hinton appeals from the denial of his motion for new trial, asserting that the State impermissibly introduced his character into evidence. Because we find the enumeration without merit, we affirm the conviction.

1. Hinton contends that the trial court committed reversible error by admitting evidence that Hinton had previously fondled W. P.’s older brother, claiming it violated OCGA § 24-9-20 b placing his character in evidence. He argues that, because the state withdrew its notice of intent to present evidence of a similar transaction, it was precluded from questioning the witnesses about the fondling incident. Hinton maintains that the questioning impermissibly placed his character into evidence because he had not first put his character into evidence as required by OCGA § 24-9-20 b.1

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