MCFADDEN, P. J., RICKMAN and MARKLE, JJ.
McFadden, Presiding Judge.
Rowland was tried before a jury and convicted of aggravated
sexual battery, cruelty to children in the first degree, and
three counts of incest. He appeals, challenging the
sufficiency of the evidence, the denial of a motion for
continuance, the denial of a special demurrer, and a jury
instruction on cruelty to children. But we find sufficient
evidence to support the jury's verdict, no abuse of
discretion in denying a continuance, no error in denying the
special demurrer, and no reversible error in the jury
instructions as a whole. Rowland further asks for the case to
be remanded to the trial court for a hearing on his claim of
ineffective assistance of counsel; however, he has failed to
identify any specific deficiencies by counsel, so no hearing
on remand is needed. Accordingly, we affirm.
Sufficiency of the evidence.
claims that there was insufficient evidence to support his
convictions. The claim is without merit.
On appeal from a criminal conviction, we view the evidence in
the light most favorable to support the jury's verdict,
and the defendant no longer enjoys a presumption of
innocence. We do not weigh the evidence or judge the
credibility of the witnesses, but determine only whether the
evidence authorized the jury to find the defendant guilty of
the crimes beyond a reasonable doubt in accordance with the
standard set forth in Jackson v. Virginia, 443 U.S.
307 (99 S.Ct. 2781, 61 L.Ed.2d 560) (1979).
Hall v. State, 335 Ga.App. 895 (783 S.E.2d 400)
(2016) (citation and punctuation omitted).
viewed, the evidence shows that K. R. is the adopted daughter
of Rowland. When K. R. was five years old, Rowland started
touching her on the buttocks. On one occasion in a car,
Rowland had K. R. pull down her pants and he then rubbed her
vagina with his fingers. On another occasion, Rowland got
into bed with K. R., touched her breasts and buttocks, and
tried to force her to rub his penis. Rowland first made K. R.
perform oral sex when she was approximately 11 years old,
pushing her to the floor of their kitchen and putting his
penis in her mouth. After that, whenever Rowland molested K.
R., he would try to force her to perform oral sex on him.
Rowland also made K. R. watch pornographic movies on his
R. was about 16 years old, Rowland attempted to have sexual
intercourse with her, but stopped when K. R. said that it
hurt. Approximately a year later, in January 2014, when K. R.
was seventeen years old, Rowland had sexual intercourse with
her. During the incident, he pushed her on to a bed; pulled
down her panties; touched her genital area with his fingers
and mouth, inserting a finger into her vagina and licking her
vagina; tried to put his penis in her mouth; pulled her on
top of him and attempted unsuccessfully to insert his penis
into her vagina. Rowland then made K. R. get on her hands and
knees on the bed and penetrated her vagina with his penis.
Several days later, K. R. told two friends about the sexual
abuse by her father, and the mother of one of the friends
subsequently reported the alleged abuse to the sheriff's
challenging the sufficiency of the evidence, Rowland points
to purported inconsistencies and conflicts in the evidence.
However, any such conflicts or inconsistencies were matters
for the jury to resolve. Williams v. State, 347
Ga.App. 171, 173 (818 S.E.2d 88) (2018). As our Supreme Court
has explained, "resolving evidentiary conflicts and
inconsistencies and assessing witness credibility are the
province of the fact finder, not the appellate court."
Pittman v. State, 300 Ga. 894, 897 (1) (799 S.E.2d
215) (2017) (citation and punctuation omitted). Accord
Jackson v. State, 347 Ga.App. 199, 201 (1)
(a) (818 S.E.2d 268) (2018) ("It is the function of the
jury, not the [c]ourt, to determine the credibility of
witnesses and to weigh and resolve any conflicts in the
testimony.") (citation and punctuation omitted). So
"[a]s long as there is some competent evidence, even
though contradicted, to support each fact necessary to make
out the [s]tate's case, the appellate court must uphold
the jury's verdict." Williams, supra
(citation and punctuation omitted). In this case, there was
sufficient competent evidence to authorize the jury to find
Rowland guilty of the crimes beyond a reasonable doubt, and
therefore we must uphold the convictions.
contends that pursuant to OCGA § 17-16-6, the trial
court erred in failing to grant a continuance based on an
alleged discovery violation by the state. But under that
statute, the trial court has broad discretion to fashion an
appropriate remedy and we find no abuse of that discretion in
before trial, counsel for Rowland objected to the trial going
forward based on the state's alleged failure to give him
a copy of the recorded forensic interview of K. R. The
state's attorneys responded that they believed they had
given defense counsel a copy of the approximate
hour-and-a-half recording during discovery. The trial judge,
noting that the state believed it had in fact provided the
recording and that it had an open-file discovery policy,
nevertheless ordered the state to give defense counsel a copy
of the recording that day so he could review it before the
start of trial the next day. The state subsequently did not
introduce the recorded interview into evidence at trial.
When[, as in the instant case, ] a criminal defendant elects
to engage in reciprocal discovery under Georgia's
Criminal Procedure Discovery Act, the [s]tate and the
defendant are required to produce certain types of evidence
and information. See OCGA § 17-16-1 et seq. If
it comes to the attention of the trial court that either the
[s]tate or the defendant has failed to comply with the
requirements of the Act, the court has wide latitude in
fashioning a remedy for such violation. OCGA § 17-6-6
[providing in pertinent part that if the state fails to
comply, the court may order the state to permit the
discovery, interview the witness, grant a continuance, or
prohibit introduction of the evidence upon a showing of
prejudice and bad faith]. As we have noted, this broad