BARNES, P. J., MERCIER and BROWN, JJ.
a jury trial, Michael Lee Shepherd was convicted of multiple
counts of aggravated child molestation, child molestation,
attempted child molestation, and cruelty to children. The
trial court denied Shepherd's motion for new trial, and
he appeals, challenging the sufficiency of the evidence. For
reasons that follow, we affirm in part and reverse in part.
appeal from a criminal conviction, we construe the evidence
in the light most favorable to the verdict, and the defendant
no longer enjoys a presumption of innocence. See Terry v.
State, 293 Ga.App. 455 (667 S.E.2d 109) (2008). We do
not weigh the evidence or resolve issues of witness
credibility, but merely determine whether the evidence was
sufficient for the jury to find the defendant guilty of the
charged offenses beyond a reasonable doubt. See id.
viewed, the evidence shows that Shepherd has two sons, D. S.
and A. S., and one daughter, E. S. In 2014, the Department of
Family and Children Services ("DFCS") received
information regarding allegations of domestic violence and
substance abuse in Shepherd's home. DFCS removed the
children from the home and placed them in foster care, where
they disclosed to their foster mother that Shepherd had
beaten them on numerous occasions. D. S. and E. S. also
reported that Shepherd had sexually abused them. The foster
mother reported the outcries to DFCS personnel, who contacted
children subsequently described physical beatings and sexual
abuse during forensic interviews that were video-recorded and
played for the jury. They also reported the abuse to a
medical provider, recounting various incidents of sexual and
physical abuse, including that Shepherd hit them, threatened
them with weapons, and slammed D. S. against a sink. The
police obtained a search warrant for Shepherd's home and
discovered specific items mentioned by the children,
including a sword, drug paraphernalia, a back scratcher, and
three children, who ranged in age from ten to twelve years
old at the time of trial, testified about the physical abuse
inflicted by their father. They asserted that Shepherd beat
A. S. with his hands and a wooden back scratcher, causing A.
S. to bleed. Shepherd also threatened A. S. with an ax and
kicked him down a flight of stairs. Shepherd hit D. S. and E.
S. with the back scratcher, held a knife to D. S.'s
throat while choking him, cut D. S.'s hand with a knife,
and placed a gun to D. S.'s head. Shepherd similarly
threatened E. S. with weapons, putting a gun to her head and
a sword to her throat.
and E. S. further described the sexual abuse. Both testified
that Shepherd made them watch pornographic videos. After
watching the videos and at Shepherd's insistence, D. S.
masturbated, and E. S. placed her mouth on D. S.'s penis.
Shepherd also forced E. S. to place her mouth on his penis
more than one time, and Shepherd made D. S. place his mouth
on Shepherd's penis. Shepherd attempted to touch E.
S.'s genital area with his mouth and hand. And he made D.
S. and E. S. smoke drugs.
jury found that Shepherd committed multiple offenses: five
counts of aggravated child molestation by forcing E. S. to
place her mouth on his penis on two occasions (Counts 1 and
2), placing his mouth on E. S.'s genital area (Count 3),
having E. S. place her mouth on D. S.'s penis (Count 4),
and having D. S. place his mouth on Shepherd's penis
(Count 12); two counts of child molestation by showing
pornographic material to D. S. and E. S. (Count 5) and having
D. S. place his hand on his own penis (Count 13); one count
of criminal attempt to commit child molestation by trying to
place his hand on E. S.'s genital area (Count 6); and
fifteen counts of cruelty to children by hitting E. S. with
his hand (Count 7), putting a sword to E. S.'s throat
(Count 8), placing a firearm to the heads of D. S. and E. S.
(Counts 9 and 14), forcing D. S. and E. S. to smoke a
substance that had the effect of a drug (Counts 11 and 20),
placing a knife to D. S.'s head (Count 15), cutting D. S.
with a knife (Count 16), choking D. S. (Count 17), hitting D.
S. with a back scratcher (Count 18), slamming D. S. against a
sink (Count 19), throwing A. S. down a flight of stairs
(Count 21), threatening A. S. with an ax (Count 22), hitting
A. S. (Count 23), and hitting A. S. with a back scratcher
(Count 24). Shepherd challenges the sufficiency of the
evidence as to each count.
respect to Count 3, which alleged that Shepherd committed
aggravated child molestation by placing his mouth on E.
S.'s genital area, we are constrained to agree that the
evidence was insufficient. Although E. S. testified that
Shepherd tried to touch her genital area with his
mouth, nothing in her testimony or forensic interview reveals
that he actually placed his mouth there, and the
State has pointed to no evidence supporting the jury's
verdict on this charge. Accordingly, because the State failed
to present sufficient evidence that Shepherd committed
aggravated child molestation as alleged in Count 3, we must
reverse his conviction on that charge. See OCGA § 16-6-4
(c) ("A person commits the offense of aggravated child
molestation when such person commits an offense of child
molestation which act physically injures the child or
involves an act of sodomy."); Williams v.
State, 302 Ga. 404, 407-408 (2) (b) (807 S.E.2d 418)
(2017) (reversing armed robbery conviction where evidence
failed to show that defendant succeeded in taking property
from the victim).
to the remaining convictions, the evidence was sufficient.
The extensive proof offered by the State, including the
video-recordings of the forensic interviews, testimony about
the children's various disclosures, and testimony from
the children themselves, authorized the jury to conclude that
Shepherd committed aggravated child molestation, child
molestation, attempted child molestation, and cruelty to
children as alleged in Counts 1-2, 4-9, and 11-24 of the
indictment. See OCGA § 16-6-4 (c) (defining aggravated
child molestation); OCGA § 16-6-4 (a) (defining child
molestation); OCGA § 16-4-1 (defining criminal attempt);
OCGA § 16-5-70 (defining cruelty to children).
appeal, Shepherd argues that the statements and testimony of
the children were not believable, that the children had been
dishonest in the past, and that no physical evidence
corroborated their allegations. Two neighbors and a friend of
E. S., however, testified that they observed bruises and
other injuries on the children, and the neighbors saw
Shepherd kick A. S. Moreover, the jury - not this Court -
resolves evidentiary conflicts and determines the credibility
of witnesses. See Patterson v. State, 350 Ga.App.
540, 543 (1) (829 S.E.2d 796) (2019). "[T]he resolution
of such conflicts adversely to the defendant does not render
the evidence insufficient." Id. (citation and
punctuation omitted). The jury deemed the children credible,
as it was authorized to do. Accordingly, we affirm the
judgments of conviction entered on Counts 1-2, 4-9, and
11-24. See id.; see also Terry, supra at 457 (1).
Judgment affirmed in part and reversed in part. Barnes, P.