548 S.E.2d 25 | Ga. Ct. App. | 2001
Convicted of statutory rape,
Judgment affirmed.
Bankston was also found guilty of child molestation and incest, which counts the court merged into the statutory rape count at sentencing.
Wilson v. State, 211 Ga. App. 457, 458 (1) (439 SE2d 685) (1993).
See Wiley v. State, 245 Ga. App. 580, 581-582 (2) (538 SE2d 483) (2000) (court may find that state met its burden of showing voluntariness of confession where officer testifies Miranda rights were given and no coercion or threats made); Trejo v. State, 245 Ga. App. 316, 317 (1) (537 SE2d 755) (2000) (burden is preponderance of the evidence).
Trejo, supra, 245 Ga. App. at 318 (2); accord Reece v. State, 241 Ga. App. 809, 810 (527 SE2d 642) (2000); cf. OCGA §§ 16-6-3 (a) (“no conviction shall be had for this offense on the unsupported testimony of the victim”); 24-3-53 (confession must be corroborated to justify a conviction).