537 S.E.2d 755 | Ga. Ct. App. | 2000
Raul Trejo was convicted of the statutory rape and child molestation of a 12-year-old girl. In this appeal, Trejo contends that the trial court erred in allowing his confession into evidence, and he challenges the sufficiency of the evidence presented against him. Having considered these purported errors and found they lack merit, we affirm.
On appeal, the evidence must be considered in a light most favorable to the verdict, and Trejo no longer enjoys the presumption of innocence.
Shortly thereafter, the victim approached a school guidance counselor, Regina Wright, for help. Based on the girl’s recounting of the sexual assault by Trejo, Wright contacted Marjorie Wells, an investigator with the Department of Family & Children Services. Wells then obtained police assistance. Wells and Detective Rick Posey conducted a videotaped interview of the victim, and other members of the victim’s family were questioned as well.
The gist of the victim’s account was that while she was in the living room watching cartoons with the three-year-old, Trejo came inside from working on her mother’s car and forcibly dragged or pulled her into a bedroom. After locking the door, Trejo removed her clothes, pushed her down onto the bed, and despite her repeated pleas to stop, raped her. Afterward, Trejo told her not to tell anyone because he planned to marry her aunt.
After other family members provided the same recounting of
1. Trejo contends that the trial court erred in admitting his confession. Trejo claims that by using threats, deceit, and offers of assistance, the detectives improperly induced him to confess. He maintains that his confession was not made freely and voluntarily because he was told that he was “in serious trouble” and was “going to get convicted of rape.”
In ruling that a defendant’s custodial statement is admissible, a trial court must, upon consideration of the totality of the circumstances, be satisfied by a preponderance of evidence that the statement was freely and voluntarily given.
At the Jackson-Denno
At the conclusion of the Jackson-Denno hearing, the trial court found that Trejo had been advised of his rights and had voluntarily waived them. Although noting that some of the language used by one detective “may not have been the best,” the court determined that Trejo had been neither threatened nor coerced. Because the trial court’s findings are not clearly erroneous, we affirm.
2. Trejo claims that the evidence was insufficient to sustain his conviction for statutory rape. We disagree.
To sustain a statutory rape conviction, the requisite quantum of corroboration of a victim’s testimony is slight evidence so long as such evidence tends to prove the incident occurred as alleged.
3. Trejo contends that without his confession, which unfairly prejudiced him, the evidence was not sufficient to sustain his conviction for child molestation.
Notwithstanding Trejo’s contention to the contrary, when Miranda
Judgment affirmed.
O’Hara v. State, 241 Ga. App. 855, 856 (528 SE2d 296) (2000).
Farley v. State, 234 Ga. App. 742, 743 (507 SE2d 504) (1998).
DeYoung v. State, 268 Ga. 780, 789 (8) (493 SE2d 157) (1997).
Peebles v. State, 260 Ga. 165, 166 (4) (391 SE2d 639) (1990).
Jackson v. Denno, 378 U. S. 368 (84 SC 1774, 12 LE2d 908) (1964).
DeYoung, supra, 268 Ga. at 789 (8); Moore v. State, 207 Ga. App. 802, 803 (430 SE2d
Davis v. State, 204 Ga. App. 657 (1) (420 SE2d 349) (1992); see Simpson v. State, 234 Ga. App. 729, 730-731 (2) (507 SE2d 860) (1998); OCGA § 16-6-3 (a).
443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Turner v. State, 223 Ga. App. 448, 450 (2) (477 SE2d 847) (1996).
Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1966).
Moore, supra, 207 Ga. App. 802.
Turner, supra, 223 Ga. App. at 449 (1).