Watkins v. the State
336 Ga. App. 145
| Ga. Ct. App. | 2016Background
- Watkins was convicted in Bibb County Superior Court of aggravated child molestation and three counts of child molestation after a jury trial.
- The ten-year-old victim testified to Watkins kissing and touching her, including acts on her genitals, and Watkins exposed himself; the victim disclosed abuse on Jan 1, 2012.
- Watkins moved to dismiss the charges; the State alleged offenses occurred between June 30, 2011 and Jan 1, 2012, with exact dates unknown.
- Watkins argued insufficiency of evidence, improper jury instructions requests, and improper sentencing; the trial court denied relief on most grounds.
- The court ultimately affirmed some convictions, vacated others for sentencing reasons, and remanded for resentencing on the child molestation counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for guilt | Watkins argues evidence does not prove guilt beyond reasonable doubt | State contends evidence supports each element of aggravated and simple molestation | Evidence sufficient under Jackson v. Virginia |
| Indictment sufficiency on dates | Indictment lacked precise dates for offenses | State proved inability to pinpoint exact dates; ranges suffice | Plea in abatement properly denied; dates alleged between June 30, 2011 and Jan 1, 2012 are adequate |
| Proposed jury instructions on credibility and lesser offenses | Requests on credibility and lesser included offenses should have been given | Charges were properly covered by the court’s general instructions; proposed charges were not tailored to evidence | Trial court did not err in denying proposed charges |
| Merger of counts and sentencing procedure | Counts 2–4 should/should not merge with Count 1; sentencing should be split | Counts were separate acts; split sentence required by law | Counts 2–4 not merged; split sentencing required; remanded for resentencing on child molestation counts |
| Split-sentence requirement under OCGA 17-10-6.2 | Trial court failed to impose split sentence | Statutory framework mandates probation in sexual offenses | Vacate the child molestation sentences and remand for resentencing with proper splitSentence |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (evidence sufficiency standard; no weighing of credibility on appeal)
- Bradford v. State, 327 Ga. App. 621 (Ga. App. 2014) (sufficiency review; credibility considerations not weighed on appeal)
- O'Rourke v. State, 327 Ga. App. 628 (Ga. App. 2014) (indictment date specificity; burden to show date uncertainty)