Powers v. State
309 Ga. App. 262
Ga. Ct. App.2011Background
- Powers was charged with three counts of aggravated child molestation and the trial court directed a verdict on Count 3.
- The jury convicted Powers on Count 1 and found him not guilty on Count 2.
- Powers appealed after the denial of his motion for new trial, challenging venue and trial counsel effectiveness.
- The State failed to prove venue beyond a reasonable doubt in Cherokee County, where Powers was tried.
- Evidence of venue centered on the crime occurring at the victim's home in Canton, with various witnesses placing the location but not decisively proving Cherokee County.
- Because direct venue proof was lacking, the appellate court held the conviction for Count 1 must be reversed, though retrial remains permitted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was venue proven beyond a reasonable doubt? | Powers | Powers | Venue not proven beyond a reasonable doubt |
| If venue is not proven, can Powers be retried? | Powers | Powers | Retrial permitted on remand due to sufficiency of the crime evidence |
Key Cases Cited
- Jones v. State, 272 Ga. 900 (2000) (venue must be proved beyond a reasonable doubt; may use direct and circumstantial proof)
- Graham v. State, 275 Ga. 290 (2002) (longstanding precedent; proving crime location alone does not establish venue)
- Mock v. State, 306 Ga. App. 93 (2010) (addressed sufficiency of venue proof; street names and utility testimony insufficient on their own)
- Lynn v. State, 275 Ga. 288 (2002) (venue proof requirements; city within a county not established by street name alone)
- In the Interest of B.R., 289 Ga. App. 6 (2007) (reinforces that investigator's county of employment does not prove venue beyond reasonable doubt)