Smith v. State, 319 Ga. App. 590

Smith, the defendant, was convicted by a Fulton County jury of rape and aggravated child molestation; he appeals on multiple grounds after an out-of-time appeal was granted.
Evidence centered on the July 2004 statements of ten-year-old T. F. describing sexual abuse by Smith, including vaginal intercourse and anal sodomy.
T. F. tested positive for chlamydia; physical exams showed no genital/anal trauma but prior rope burns and a social worker/interviews corroborated the abuse.
Key legal standards: sufficiency review is deferential to the jury; a single witness can sustain a conviction; “carnal knowledge” requires penetration and lack of consent.
The trial court admitted various pieces of evidence (prior indictments, witness testimony on abuse, and expert testimony) under contested rulings, with post-trial rulings addressing errors and reversals as to count 2.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for rape conviction	Smith	Smith argues insufficiency	Affirmed as to rape
Sufficiency of evidence for aggravated child molestation	Smith	Smith contends indictment/charge misalignment	Reversed for count 2 due to fatal variance
Admission of prior dismissed indictments	Smith used indictments to impeach credibility	State permitted evidence for strategic purpose	No error; admissible given strategic purpose
Qualification of Whitmore as expert	Smith	Whitmore qualified	Qualified; no abuse of discretion
Right to be present at trial during bench conferences	Smith	Presence required	No violation; not a critical stage to require presence

Jenkins v. State, 259 Ga. App. 87 (2003) (sufficiency and inference of lack of consent in rape case)
Eady v. State, 256 Ga. App. 696 (2002) (evidence sufficiency framework; view record in light most favorable to verdict)
Phagan v. State, 243 Ga. App. 568 (2000) (single witness can sustain conviction; appellate review limited to sufficiency)