Jones v. State

The defendant was not entitled to an instruction on the standard applicable to a waiver of his Sixth Amendment right to counsel at the time he confessed because adversary judicial proceedings had not been instituted at that time.

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A Whitfield County jury convicted John Paul Jones of a single count of child molestation under OCGA § 16-6-4.1 He was sentenced to fourteen years confinement to serve seven years and the remainder probated. The defendant appeals, contending that the superior court erred in denying his motion for new trial because the evidence was insufficient to support the jury’s verdict; that the sentence was excessive as not tailored to fit the offender; and that the court’s charge on voluntariness as to his confession was inadequately adjusted to his claim that he was in custody, and, citing United States v. Satterfield, 558 F2d 655 2d Cir. 1976, was silent with respect to the higher standard applicable to waiver of the Sixth Amendment right to counsel when a confession is given by one who is “distraught, upset, weeping and obviously out of control.” Finding that defendant’s claims of error lack merit, we affirm.

The testimony of the victim, a four year old child, the adults to whom the victim made statements, and defendant’s confession upon being interrogated by the police show that the defendant lured the victim to his house by accusing her of stealing the toy she was playing with outside her house. Once there, the victim and the defendant’s son followed the defendant into his bedroom. The defendant then used the bathroom off the bedroom. When he reentered the bedroom, his pants were down and only the victim was present. The defendant pulled the victim’s shorts and panties down, laid her on her back on his bed, had her roll over, on both occasions getting on top of her and rubbing her vagina and anal area, respectively, with his penis. The defendant gave the victim a cookie afterwards and a small toy which he placed in her panties. He then sent the victim home with the admonition that she not “tell.” Upon being examined after the incident, the examining physician found a black pubic hair between the victim’s vaginal area and her anus.2 Held:

Jones v. State

The defendant was not entitled to an instruction on the standard applicable to a waiver of his Sixth Amendment right to counsel at the time he confessed because adversary judicial proceedings had not been instituted at that time.

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