Stepho v. State
312 Ga. App. 495
| Ga. Ct. App. | 2011Background
- Stepho was convicted after a jury trial of two counts of child molestation and two counts of aggravated child molestation arising from acts against two minor victims, A. E. and R. S., in summer 2006.
- Stepho, the paternal uncle of R. S., allegedly touched A. E.’s breast in a vehicle during the drive home after a visit at R. S.’s grandmother’s residence.
- A. E. disclosed the molestation to others and law enforcement; R. S. later disclosed he had also been molested by Stepho since age nine, including acts described during forensic interviews.
- The State admitted a similar transaction: Stepho’s 2007 sexual battery conviction for touching a female victim’s breast, to show bent of mind and course of conduct.
- The trial court admitted the similar transaction evidence with a limiting instruction; the jury ultimately credited the victims’ accounts and convicted Stepho on all counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | Stepho contends evidence insufficient for guilt. | Stepho argues credibility and weight undermine conviction. | Evidence sufficient; uncorroborated child testimony adequate. |
| Admissibility of similar transaction evidence | State must show relevance, similarity, and reliability under Williams. | Stepho challenges admissibility despite similarity and timeframe. | Similar transaction evidence admissible to show bent of mind; three Williams factors satisfied; time lapse did not mandate exclusion. |
| Motion to sever offenses | Joinder of offenses could prejudice the defense; severance required. | Joinder permissible where one crime would be admissible as similar transaction in trial on the other. | No abuse of discretion; offenses properly joined as common motive and course of conduct; severance denied. |
Key Cases Cited
- Daniel v. State, 296 Ga. App. 513 (2009) (un corroborated child testimony can sustain convictions)
- Sewell v. State, 244 Ga. App. 449 (2000) (confirms child testimony as sufficient basis)
- Lewis v. State, 278 Ga. App. 160 (2006) (prior inconsistent statements as substantive evidence)
- Williams v. State, 261 Ga. 640 (1991) (three-step test for admissibility of similar-transaction evidence)
- Copeland v. State, 276 Ga. App. 834 (2005) (similar transaction evidence admissible for lustful disposition; time lapse affects weight, not admissibility)
- Collins v. State, 310 Ga. App. 613 (2011) (time lapse goes to weight, not exclusion)
- Kingsley v. State, 268 Ga. App. 729 (2004) (victim age differences do not render similar transactions inadmissible)
- Boatright v. State, 308 Ga. App. 266 (2011) (where one crime would be admissible in the trial of another, denial of severance not an abuse)