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Vehaun v. State

The time lapse between the defendant's 1975 conviction for child molestation and his 1999 trial for aggravated child molestation went to the weight of the similar transaction evidence, not its admissibility.

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Charles M. Vehaun appeals his convictions of two counts of aggravated child molestation, two counts of child molestation, and two counts of cruelty to children. He contends the trial court erred by admitting evidence of his convictions of earlier sex crimes because those convictions were too remote in time, erred by permitting the prosecution to question him about whether he had been accused of rape in another state, and erred by failing to give a limiting instruction on the use to which the evidence about this allegation could be made. We disagree and affirm.

1. Relying upon Gilstrap v. State, 261 Ga. 798 410 SE2d 423 1991, Vehaun’s first enumeration of error contends only that the trial court erred by admitting evidence of his earlier convictions for taking indecent liberties with a child in 1976 and for child molestation in 1975 because they were too remote in time. This enumeration is without merit. The time elapsed between Vehaun’s earlier convictions and his trial in April 1999 was less than the time of the similar crimes evidence that was excluded in Gilstrap. Id, 261 Ga. at 799. Further, the time elapsed between the prior offenses and the current trial goes to the weight to be accorded the similar crime evidence, and not its admissibility. Gibbins v. State, 229 Ga. App. 896, 899 4 495 SE2d 46 1997. This evidence was not too remote in time to be admissible. Condra v. State, 238 Ga. App. 174, 175 2 518 SE2d 186 1999; Ryan v. State, 226 Ga. App. 180, 181 2 486 SE2d 397 1997.

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