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Carver v. State

Court of Appeals of Georgia

February 10, 2015

CARVER
v.
THE STATE

Reconsideration denied March 12, 2015 -- Cert. applied for.

Aggravated child molestation, etc. Decatur Superior Court. Before Judge Cato.

Judgment affirmed.

Brimberry, Kaplan & Brimberry, Mark D. Brimberry, William J. Carswell, for appellant.

Joseph K. Mulholland, District Attorney, Moruf O. Oseni, Assistant District Attorney, for appellee.

McFADDEN, Judge. Andrews, P. J., and Ray, J., concur.

OPINION

Page 723

McFadden, Judge.

After a jury trial, Billy Jim Carver was convicted of one count of aggravated child molestation, two counts of child molestation, and one count of exhibiting pornography to a minor. Carver appeals, arguing that the trial court erred by refusing to allow him to ask a particular question during voir dire, but we find that the court did not abuse his discretion. Carver also argues that the trial court erred by refusing to allow him to call a witness who, he contends, could have been the perpetrator, but that ruling was also within the scope of the trial court's discretion. Finally Carver argues that the trial court should have merged the aggravated child molestation and child molestation convictions, but because the convictions were based on separate and distinct acts, the trial court did not err in failing to merge them. We therefore affirm.

1. Facts.

On appeal from a criminal conviction,

the evidence must be viewed in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence; moreover, an appellate court does not weigh the evidence or determine witness credibility but only determines whether the evidence is sufficient under the standard of Jackson v. Virginia, 443 U.S. 307 (99 S.Ct. 2781, 61 L.Ed.2d 560) (1979).

Morris v. State, 322 Ga.App. 682 (1) (746 S.E.2d 162) (2013) (citation omitted).

Viewed in this light, the evidence showed that in the summer of 2008, Carver occasionally babysat the male victim, who was eight years old at the time. At first, Carver talked to the victim about sex. Then he showed the victim pornographic movies. This escalated to Carver masturbating the boy, having the boy masturbate him, performing oral sex on the boy, having the boy perform oral sex on him, penetrating the boy anally, and having the boy penetrate him anally. The evidence, ...


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