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Brinson v. State

The was no evidence that the victim's mother, stepfather and a child witness conspired to prejudice defendant when they testified that he had been in prison, was on probation and had kidnapped the child witness.

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Kermit Brinson, Jr., appeals his conviction of one count of child molestation in violation of OCGA § 16-6-4. He contends the trial court erred by: 1 denying his motions for mistrial made after three prosecution witnesses allegedly placed his character in issue, 2 charging the jury that the possible lesser included offenses were misdemeanors, and 3 denying his motion for a new trial. Brinson also contends the evidence was insufficient to sustain his conviction of child molestation and further contends the errors concerning the testimony that allegedly placed his character in issue were cumulative. We disagree and affirm.

Viewed in the light most favorable to the verdict, the evidence shows that on New Years Eve 1997, several adults, including Brinson, who was a family friend, the ten-year-old victim’s mother and stepfather, and her natural father, were attending a party at the home of the victim’s mother and stepfather. The victim was asleep in her bed when she was awakened to celebrate the New Year at midnight.

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