Alford v. State

In determining whether the minor victim suffered excessive mental pain, the jury could consider the therapist's testimony that the minor victim was very depressed and suffered from recurrent flashbacks, in addition to the victim's testimony that she feared for her life.

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A jury found Sammy Alford guilty of rape, incest, and cruelty to children. In considering and denying Alford’s motion for new trial, the court merged Alford’s convictions and sentences for incest and rape. In this appeal, Alford challenges the sufficiency of the evidence relating to each crime and contests two evidentiary rulings. Having found no merit to these asserted errors, we affirm.

On appeal, the evidence must be viewed in a light most favorable to the verdict and Alford no longer enjoys the presumption of innocence. Rhodes v. State, 221 Ga. App. 792 470 SE2d 790 1996. Viewed in that light, the State’s evidence was as follows. On December 28, 1996, the victim, Alford’s minor daughter, was sent from Atlanta by her mother to Woodbury to live temporarily with Alford, her father. The victim’s parents had divorced in 1982 when the victim was two years old. Her mother believed that a change in her daughter’s environment would be beneficial, even though Alford had not seen his daughter in several years. According to the victim’s mother, Alford told her he had changed, was a “different person,” and “wanted the chance to be a father.” Just three days after the victim’s arrival in Alford’s home, she and Alford became embroiled in a vehement argument. The victim threatened to call police and to go back home to her mother in Atlanta. According to the victim, soon after this argument, at about 3:00 a.m. on New Year’s Day, Alford entered her bedroom and forced himself on top of her. She testified that “he took his pants down, and he raped me.” She testified that he “put some lotion on his penis, and then stuck it into me.” The victim also testified that “he put spit on his finger and put his finger inside of my vagina.”

Alford v. State

In determining whether the minor victim suffered excessive mental pain, the jury could consider the therapist's testimony that the minor victim was very depressed and suffered from recurrent flashbacks, in addition to the victim's testimony that she feared for her life.

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