Cavender v. State
329 Ga. App. 845
Ga. Ct. App.2014Background
- Kevin Ray Cavender was jointly tried in Coweta County on Carroll County and Coweta County indictments alleging multiple counts of child molestation and related offenses; jury convicted him of nine child-molestation counts (two from Carroll County, seven from Coweta County).
- Multiple juvenile victims (T.B., V.K., C.C., J.S., D.B., M.B.) described night-time incidents where Cavender lifted covers, touched buttocks or genital area, or positioned himself between sleeping girls; two young children made outcries describing anal contact.
- Cavender moved residence from Carroll to Coweta County during the relevant period; some testimony conflicted about precise residence timing.
- The State introduced similar-transaction evidence from other victims to corroborate allegations and show disposition.
- Cavender appealed, contesting (1) sufficiency of evidence for Carroll County convictions, (2) venue for certain Coweta County counts, and (3) sufficiency for several Coweta County counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for Carroll County convictions (V.K.) | State: testimony of V.K. and similar acts supports immoral/indecent intent and molestation. | Cavender: no sexual touching shown, so insufficient. | Affirmed — touching/acts (hand on buttocks, lifting covers, staring) plus similar transactions supported conviction. |
| Venue for counts involving D.B. and M.B. (Coweta County) | State: victims said abuse occurred at Cavender’s home; evidence he lived in Coweta then. | Cavender: no proof abuse occurred in Coweta. | Affirmed — circumstantial evidence supported jury finding venue in Coweta. |
| Venue/sufficiency for count alleging T.B. molestation in Coweta (lifting covers) | State: evidence supported conviction joined at trial. | Cavender: T.B. said incident occurred in Carroll County; venue not Coweta. | Reversed as to this Coweta count — T.B. unequivocally placed the incident in Carroll County; venue lacking. |
| Sufficiency for Coweta counts 5–7 (V.K. incidents) | State: V.K.’s testimony and corroborating similar transactions show immoral/indecent acts with sexual intent. | Cavender: conduct was not sexual/indecent. | Affirmed — jury could find acts were immoral/indecent with sexual intent based on testimony and similar acts. |
Key Cases Cited
- O’Rourke v. State, 327 Ga. App. 628 (court recognizes similar-transaction evidence can support molestation convictions)
- Hicks v. State, 254 Ga. App. 814 (child molestation may be satisfied by noncontact or verbal acts)
- Snider v. State, 238 Ga. App. 55 (behavior short of explicit penetration can support molestation conviction)
- Wormley v. State, 255 Ga. App. 347 (definition of immoral or indecent act and jury role)
- Thompson v. State, 277 Ga. 102 (venue is jurisdictional fact requiring proof beyond reasonable doubt)
- Hargrave v. State, 311 Ga. App. 852 (jury resolves conflicts about venue)
- Shorter v. State, 271 Ga. App. 528 (similar-transaction testimony admissible to corroborate victims)