Jones v. the State
333 Ga. App. 796
Ga. Ct. App.2015Background
- Anthony Jones was convicted of three counts of aggravated child molestation, two counts of aggravated sexual battery, three counts of incest, two counts of child molestation, and one count of statutory rape; he appeals on grounds of sufficiency and merger; Court affirms convictions but vacates two incest sentences and remands for resentencing.
- Appellant challenged insufficiency and that the trial court erred in not merging certain counts; evidence included testimony from the victim (J.A.) and spouse of Jones; no medical corroboration was required for these crimes.
- J.A., aged around 10–12 during events, alleged ongoing sexual abuse beginning in 2008 with acts including fingering, oral sex, and intercourse; Jones lived with J.A. and her aunt (Jones’s sister-in-law) beginning August 2007.
- In 2011, adult supervision observed sexual activity in the home; a 2011 911 report followed, with Jones denying the allegations; aunt later reported the abuse.
- The State proceeded on eleven counts; the court denied a directed verdict; issues include timing as a material element, merger of counts, and potential statutory rape/incest mergers; court vacated two incest sentences and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence supports the convictions given the directed-verdict standard | Jones argues insufficient evidence to sustain the verdict | Jones contends the State failed to prove beyond a reasonable doubt | Evidence sufficient; directed verdict properly denied |
| Whether Counts 5 and 6 (incest) were improperly charged with non-material date ranges | State argued dates not essential; multiple counts allowed | State did not make dates material averments; only one conviction possible | Counts 5 and 6 vacated; remanded for resentencing |
| Whether Counts 5 and 6 (incest) merge into statutory rape for sentencing | Incest same act as statutory rape; should merge | Elements differ; not merged under required evidence test | Do not merge; distinct offenses; sentencing unaffected for statutory rape |
| Whether incest by sodomy merges with aggravated child molestation counts | Incest sodomy proof would establish aggravated sodomy | Under required evidence test, offenses require proof of different facts | Do not merge; elements do not overlap under required evidence test |
Key Cases Cited
- Hash v. State, 248 Ga. App. 456 (2001) (sufficiency review; single witness may suffice; no medical corroboration required)
- Daniels v. State, 320 Ga. App. 340 (2013) (time as element; election when same conduct charged on different dates)
- Drinkard v. Walker, 281 Ga. 211 (2006) (required evidence test for merger; offenses not merged if proof requires different facts)
- Dew v. State, 292 Ga. App. 631 (2008) (merger not for rape and incest; separate elements)
- McCranie v. State, 157 Ga. App. 110 (1981) (overruled on merger issue; noted in this context)