Rollins v. State
318 Ga. App. 311
Ga. Ct. App.2012Background
- Rollins was convicted of child molestation and enticing a child for indecent purposes.
- Victim, a ten-year-old girl, testified Rollins grabbed her arms, moved her to an empty apartment, and forced vaginal intercourse.
- Rollins denied the assault; the jury resolved credibility against him and convicted.
- The trial court denied Rollins's motion for a new trial; he appeals challenging sufficiency of the evidence.
- Statutory definitions: child molestation requires an immoral act with a minor to arouse sexual desire; enticing requires movement of a child for molestation or indecent acts.
- Appellate standard requires viewing evidence in favor of the verdict and affirming if any competent evidence supports each element.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for child molestation | Rollins argues the State failed to prove immorality with a minor. | Rollins contends the victim’s testimony is not credible proof. | Evidence sufficient to prove all elements beyond reasonable doubt. |
| Sufficiency of evidence for enticing a child for indecent purposes (asportation) | State must prove movement of the child to a place for molestation. | State failed to prove asportation beyond the victim’s testimony. | Asportation established; testimony alone sufficient to support conviction. |
| Credibility and reliance on victim's testimony | Victim's account alone is enough to sustain convictions. | Jury should assess credibility; Rollins's version undermines conviction. | Jury credibility resolution rests with jury; single witness sufficiency affirmed. |
Key Cases Cited
- Vaughn v. State, 301 Ga. App. 391 ((2009)) (standard for appellate review of sufficiency; no presumption of innocence on appeal)
- Heard v. State, 317 Ga. App. 663 ((2012)) (asportation element shown by movement of child)
- Lamb v. State, 315 Ga. App. 807 ((2012)) (jury credibility determination is for jury)
- Wheeler v. State, 281 Ga. App. 158 ((2006)) (credibility and eyewitness issues for jury resolution)
- Henderson v. State, 313 Ga. App. 303 ((2011)) (single witness may support conviction)
- Jackson v. Virginia, 443 U.S. 307 ((1979)) (due process standard for sufficiency of evidence)