Gioia v. the State.
| Decision Date | 09 December 2010 |
| Docket Number | No. A10A2249.,A10A2249. |
| Citation | 307 Ga.App. 319,704 S.E.2d 481 |
| Parties | GIOIAv.The STATE. |
| Court | Georgia Court of Appeals |
307 Ga.App. 319
704 S.E.2d 481
10 FCDR 4109
GIOIA
v.
The STATE.
No. A10A2249.
Court of Appeals of Georgia.
Dec. 9, 2010.
[704 S.E.2d 481]
John W. Strickland Jr., Lakeland, for appellant.Catherine H. Helms, District Attorney, for appellee.JOHNSON, Judge.
[307 Ga.App. 319] After a jury trial, Phillip Gioia was convicted of two counts of child molestation and one count of aggravated child molestation. He
[704 S.E.2d 482]
appeals, raising challenges to the sufficiency of the evidence and the sentences imposed by the trial court. We affirm the convictions, but vacate the sentence for the aggravated child molestation conviction, and remand for resentencing as to that count.
1. Gioia claims that the trial court erred in denying his motion for a directed verdict of acquittal. The standard of review for such a denial is the same as that used for determining the sufficiency of the [307 Ga.App. 320] evidence to support a conviction.1 In making that determination,
we view the evidence in the light most favorable to the verdict, and [the appellant] no longer enjoys the presumption of innocence. We neither weigh the evidence nor assess the credibility of witnesses, but merely ascertain that the evidence is sufficient to prove each element of the crime beyond a reasonable doubt. Moreover, conflicts in the testimony of the witnesses are a matter of credibility for the jury to resolve. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the state's case, the jury's verdict will be upheld.2
Viewed in favor of the verdict, the evidence in this case shows that Gioia was married to the mother of ten–year–old B.G. and eight–year–old L.G. In October 2006, B.G. gave a note to her mother indicating that Gioia had been molesting L.G. The mother contacted authorities, and during an interview with a child advocate, L.G. stated that Gioia had massaged her breasts and genitals with his hands, and had kissed her on her mouth and “private parts.” At trial, L.G. testified that on several occasions Gioia had kissed her on the mouth, and had touched her with her pants pulled down in ways that she did not like.
B.G. was also interviewed by the child advocate, and told her that Gioia had kissed her with his tongue, had fondled her private area, and had pressed his genitals against hers. B.G. testified at trial that Gioia had kissed her in her private area and had also fondled her. She further testified that she had seen...
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Jones v. State
...to merge the three kidnapping counts with each other “is specious since those counts involved different victims.” Gioia v. State, 307 Ga.App. 319, 321(3), 704 S.E.2d 481 (2010). Although the kidnapping convictions arose from the same acts, they did not merge because each count was based on ......
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Hernandez v. State
...that she was referring to her vagina when she stated that the contact was with her “lower private area.” See Gioia v. State, 307 Ga.App. 319, 320(1), 704 S.E.2d 481 (2010) (affirming the denial of defendant's motion for a directed verdict of acquittal as to an aggravated child molestation c......
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Smith v. State
...affirmed; victim used anatomical drawings to indicate that defendant touched her on her “private part”); Gioia v. State, 307 Ga.App. 319, 320(1), 704 S.E.2d 481 (2010) (convictions for aggravated child molestation and child molestation affirmed where descriptions of acts using the terms “pr......
- In the Interest of D.M., a Child., A10A2207.