Dockery v. State
309 Ga. App. 584
| Ga. Ct. App. | 2011Background
- Charles Dockery took the victim (11) to the Dockery residence; Crystal Dockery remained with the victim and interacted with her.
- Crystal gave the victim a blue folder containing porn, alcohol, and red thong underwear, and asked the victim about sex.
- Charles Dockery returned, offered $10 for the victim to wear the thong, pulled down her pants, and kissed her; Crystal was present nearby.
- Victim’s mother testified that the victim appeared intoxicated and smelled of alcohol on return; Crystal was admonished to stay away from the daughter.
- Police found a blue spiral notebook with pornographic stories, a pornographic magazine, and other porn; an officer read pornographic material to the jury.
- Jury convicted Dockery of aiding and abetting in enticing a child for indecent purposes, child molestation, and furnishing alcohol to a minor; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for enticing a child for indecent purposes as an aider and abettor | Dockery argues no evidence she aided to entice | State contends prior knowledge and presence show aiding | Evidence supports aiding and abetting the crime |
| Sufficiency of evidence for furnishing alcohol to a minor | Victim and mother testified to alcohol given | No dispute but insufficient corroboration | Evidence sufficient to sustain conviction |
| Sufficiency of evidence for child molestation by providing sexually explicit stories | Notebook with pornographic stories tied to charge | Not denied she read material | Evidence sufficient to support conviction |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard: rational juror could find elements beyond reasonable doubt)
- Robinson v. State, 296 Ga.App. 561, 675 S.E.2d 298 (Ga. Ct. App. 2009) (jury resolves conflicts and weighs evidence; sufficiency standard)
- Romero v. State, 307 Ga.App. 348, 705 S.E.2d 195 (Ga. Ct. App. 2010) (aider-and-abettor knowledge and shared intent may support conviction)
- Fox v. State, 289 Ga. 34, 709 S.E.2d 202 (Ga. Sup. Ct. 2011) (credibility determinations reside with jury)