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Winter v. State

Since there was no evidence of tampering or substitution, any doubts as to the chain of custody of certain video diskettes and illicit pictures went to the weight of the evidence, not to its admissibility.

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A McDuffie County jury convicted Charles Edward Winter of child molestation1 Count 1 and sexual exploitation of a child2 Counts 2-4. Counts 3 and 4 alleged sexual exploitation of a child by unlawfully creating and reproducing a photograph of a minor depicting sexually explicit conduct and by bringing or causing such material to be brought into the State of Georgia, respectively. He was sentenced as a recidivist to life imprisonment as to Count 1, to 10 years confinement consecutive to Count 1 as to Count 2, and to 10 years confinement as to Counts 3 and 4, respectively.

Viewed in the light most favorable to the jury’s verdict, Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979, the evidence shows that the defendant molested his underage stepdaughter as alleged by exposing his penis to her, by masturbating in her presence, by having her place her hand on his penis, or by fondling her vagina and breast Count 1. Other evidence showed that the defendant sexually exploited his stepdaughter by causing her to engage in sexually explicit conduct for the purpose of photographing her Count 2; that the defendant sexually exploited minor children by thus photographing his stepdaughter and by downloading photographic images from video diskettes of other minor children engaged in similarly explicit conduct Count 3;and that the defendant sexually exploited minor children by bringing their images as engaged in sexually explicit conduct to this State over the Internet Count 4.

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