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Hudson v. State

The 11-year-old victim's testimony about previously kissing defendant was evidence of a relationship between her and the defendant and was admissible to show the defendant's motive, intent, and bent of mind.

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A jury found Bromekis Hudson guilty of child molestation. On appeal, Hudson claims the trial court erred in denying his several motions for a mistrial because the State improperly placed his character into issue. He also claims the evidence was insufficient to support his conviction. We disagree and affirm.

On appeal from a criminal conviction, the defendant no longer enjoys the presumption of innocence, and we view the evidence in the light most favorable to the jury’s verdict.1 We do not weigh the evidence or determine witness credibility.2 So viewed, the evidence shows that Hudson worked as a short order cook at a restaurant in Thomson. The owners lived behind the restaurant. At about 7:30 p.m. on March 4, 1998, the owners’ eleven-year-old daughter, L.L., walked from her home to the restaurant, where Hudson was working with four other employees. About an hour later, L.L.’s mother called the restaurant looking for her daughter, but there was no answer. She walked to the restaurant. She entered through the back door and found an employee, Justavian McCord, washing a deep fryer in the kitchen sink, although that was normally Hudson’s job. She went to the front of the store, by the cash register, and found that the ringer on the phone had been turned off. She then saw Hudson and McCord hurrying out of the men’s room. Inside the men’s bathroom, she found her daughter standing in a closed toilet stall.

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