Stine v. State, 406 S.E.2d 292 (Ga. Ct. App. 1991). · Go Syfert
Stine v. State, 406 S.E.2d 292 (Ga. Ct. App. 1991). Cases Citing This Book View Copy Cite
43 citation events (4 in the last 25 years) across 1 distinct court.
Strongest positive: Lopez v. State (gactapp, 2008-04-17)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 15 distinct citers.
cited Cited as authority (rule) Lopez v. State
Ga. Ct. App. · 2008 · confidence medium
(Citation and punctuation omitted.) Stine v. State, 199 Ga. App. 898, 900 (3) ( 406 SE2d 292 ) (1991).
cited Cited as authority (rule) Hoffman v. State
Ga. Ct. App. · 2003 · confidence medium
Stine v. State, 199 Ga. App. 898, 899 (2) ( 406 SE2d 292 ) (1991).
discussed Cited as authority (rule) Dumas v. State (2×)
Ga. Ct. App. · 1999 · confidence medium
This exception to the general rule concerning the admission of evidence of independent offenses *113 "has been most liberally extended in the area of sexual offenses." (Citation and punctuation omitted.) Stine v. State, 199 Ga.App. 898, 899 (2), 406 S.E.2d 292 (1991).
cited Cited as authority (rule) Roberts v. State
Ga. Ct. App. · 1998 · confidence medium
We find the same considerations to obtain here, and therefore find [Roberts’] enumeration without merit.” (Punctuation omitted.) Stine v. State, 199 Ga. App. 898, 900 (3) ( 406 SE2d 292 ) (1991).
discussed Cited as authority (rule) Culver v. State
Ga. Ct. App. · 1998 · confidence medium
There need only be evidence that the defendant was the perpetrator of both crimes and sufficient similarity or connection between the independent crime and the offenses charged.’ [Cit.]” Stine v. State, 199 Ga. App. 898, 899 (2) ( 406 SE2d 292 ) (1991).
discussed Cited as authority (rule) Gibbins v. State
Ga. Ct. App. · 1997 · confidence medium
There need only be evidence that the defendant was the perpetrator of both crimes and sufficient similarity or connection between the independent crime and the offenses charged.” (Citation and punctuation omitted.) Stine v. State, 199 Ga. App. 898, 899 (2) ( 406 SE2d 292 ).
discussed Cited as authority (rule) Gravitt v. State
Ga. Ct. App. · 1997 · confidence medium
There need only be evidence that the defendant was the perpetrator of both crimes and sufficient similarity or connection between the independent crime and the offenses charged.’ [Cit.]” Stine v. State, 199 Ga. App. 898, 899 (2) ( 406 SE2d 292 ) (1991).
discussed Cited as authority (rule) Wallace v. State
Ga. Ct. App. · 1997 · confidence medium
There need only be evidence that the defendant was the perpetrator of both crimes and sufficient similarity or connection between the independent crime and the offenses charged.’ [Cit.]” Stine v. State, 199 Ga. App. 898, 899 (2) ( 406 SE2d 292 ) (1991).
discussed Cited as authority (rule) Miller v. State
Ga. Ct. App. · 1997 · confidence medium
See also Johnson v. State, 242 Ga. 649, 652-653 (3) ( 250 SE2d 394 ) (1978); Wilson v. State, 220 Ga. App. 487, 489-491 (2) ( 469 SE2d 516 ) (1996); Phillips v. State, 220 Ga. App. 248 (1), 249 ( 469 SE2d 292 ) (1996); Painter v. State, 219 *514 Ga. App. 290, 291-293 (2) ( 465 SE2d 290 ) (1995); Guest v. State, 216 Ga. App. 457, 459-460 (4) ( 454 SE2d 622 ) (1995); Upshaw v. State, 215 Ga. App. 529, 530 (2) ( 451 SE2d 125 ) (1994); Gonzalez v. State, 213 Ga. App. 667, 668 ( 445 SE2d 769 ) (1994); McGarity v. State, 212 Ga. App. 17, 19 (2) ( 440 SE2d 695 ) (1994); Bryson v. State, 210 Ga. App. …
discussed Cited as authority (rule) Ryan v. State
Ga. Ct. App. · 1997 · confidence medium
There need only be evidence that the defendant was the perpetrator of both acts and sufficient similarity or connection between the independent crime and the offenses charged.” (Citation and punctuation omitted.) Stine v. State, 199 Ga. App. 898, 899 (2) ( 406 SE2d 292 ) (1991).
discussed Cited as authority (rule) Lucas v. State
Ga. Ct. App. · 1994 · confidence medium
There need only be evidence that the defendant was the perpetrator of both crimes and sufficient similarity or connection between the independent crime and the offenses charged.’ [Cit.]” Stine v. State, 199 Ga. App. 898, 899 (2) ( 406 SE2d 292 ) (1991).
cited Cited as authority (rule) Hamm v. State
Ga. Ct. App. · 1994 · confidence medium
Stine v. State, 199 Ga. App. 898, 899 (1) (a) ( 406 SE2d 292 ) (1991).
discussed Cited as authority (rule) Cole v. State (2×)
Ga. Ct. App. · 1993 · confidence medium
We also find no merit to Cole's contention concerning the dissimilarity of the offenses. "`"The exception to the general rule that evidence of independent crimes is inadmissible has been most liberally extended in the area of sexual offenses." (Cit.)' Stine v. State, 199 Ga. App. 898, 899 (2) ( 406 SE2d 292 ) (1991).
discussed Cited as authority (rule) McCann v. State
Ga. Ct. App. · 1992 · confidence medium
Thus, as in this case defendant abducted a stranger, took her to an isolated area in a car, struck the victim causing injuries to her eye and jaw, forced the victim to have oral and vaginal sex, allowed the victim to leave the crime scene with him and sped away with his wheels spinning. “ ‘The exception to the general rule that evidence of independent crimes is inadmissible has been most liberally extended in the area of sexual offenses.’ [Cit.]” Stine v. State, 199 Ga. App. 898, 899 (2) ( 406 SE2d 292 ) (1991).
discussed Cited "see" Melton v. State (2×)
Ga. Ct. App. · 1992 · signal: see · confidence high
See Stine v. State, 199 Ga. App. 898, 899 (2) ( 406 SE2d 292 ).
Stine
v.
the State
A91A0519.
Court of Appeals of Georgia.
Jun 6, 1991.
406 S.E.2d 292
Harry B. White, for appellant., Darrell E. Wilson, District Attorney, Kimberly L. Schwartz, Assistant District Attorney, for appellee.
Pope, Birdsong, Cooper.
Cited by 20 opinions  |  Published
Pope, Judge.

Defendant Kenneth Stine was convicted of five counts of child molestation and two counts of aggravated sodomy. Defendant appeals[*899] following the denial of his motion for new trial.

1.(a) Defendant first argues that the evidence was insufficient to convict him of the offense of aggravated sodomy because the State failed to show that the acts of sodomy were committed “with force,” as required by OCGA § 16-6-2 (a). This contention is wholly without merit. The victim in this case was seven years old at the time the acts were committed against her. “A [seven]-year-old child cannot consent to any sexual act. [Cits.] Sexual acts directed to such a child are, in law, forcible and against the will. [Cit.]” Cooper v. State, 256 Ga. 631 (2) (352 SE2d 382) (1987). See also Richardson v. State, 256 Ga. 746, 747 (2) (353 SE2d 342) (1987). “Therefore, proof that the child was [seven] years old at the time of the offense is sufficient evidence that the act of sodomy was done with force and against the will of the victim. ... In light of the above, there was sufficient evidence for a rational trier of fact to find [defendant] guilty [of the offense of aggravated sodomy] beyond a reasonable doubt . . . .” Huggins v. State, 192 Ga. App. 820, 821 (1) (386 SE2d 703) (1989).

(b) Defendant also challenges the sufficiency of the evidence to convict him of the offense of child molestation, contending there was no evidence that he committed the acts against the victim “with the intent to arouse or satisfy the sexual desires of either the child or the [defendant].” OCGA § 16-6-4. The evidence adduced at trial included testimony that defendant achieved orgasm while molesting the victim. After a careful review of the transcript, we have no hesitancy in concluding that the evidence in this case was sufficient to authorize a rational trier of fact to find defendant guilty of the offenses charged beyond a reasonable doubt. See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Zilka v. State, 194 Ga. App. 471 (391 SE2d 23) (1990); Thompson v. State, 187 Ga. App. 563 (2) (370 SE2d 819) (1988).

2. Defendant next argues that the trial court erred in admitting evidence showing he had previously entered a guilty plea to an act of child molestation involving a ten-year-old girl because it placed his character in evidence and was highly prejudicial. “The exception to the general rule that evidence of independent crimes is inadmissible has been most liberally extended in the area of sexual offenses.” Johnson v. State, 242 Ga. 649, 653 (3) (250 SE2d 394) (1978). “In crimes involving sexual offenses, evidence of similar previous transactions is admissible to show the lustful disposition of the defendant and to corroborate the victim’s testimony. . . . There need only be evidence that the defendant was the perpetrator of both crimes and sufficient similarity or connection between the independent crime and the offenses charged.” Kilgore v. State, 195 Ga. App. 884, 885 (2) (395 SE2d 337) (1990). In this case defendant pled guilty to the earlier offense and thus there is no question that he was the perpetrator of[*900] the independent crime. “We also are satisfied that there exists a sufficient similarity [or] connection between the prior independent [crime] and the offenses charged. The sexual abuse of young children, regardless of the sex of the victims or the nomenclature or type of acts perpetrated upon them, is of sufficient similarity to make the evidence admissible. [Cits.]” Oller v. State, 187 Ga. App. 818, 820 (371 SE2d 455) (1988). Consequently, the trial court did not err in admitting evidence of the previous offense.

Decided June 6, 1991. Harry B. White, for appellant. Darrell E. Wilson, District Attorney, Kimberly L. Schwartz, Assistant District Attorney, for appellee.

3. Contrary to defendant’s final enumeration of error, the trial court did not abuse its discretion in allowing the State to use leading questions on direct examination of the victim. “The courts have traditionally accorded a great deal of latitude in the examination of young or timid or otherwise disadvantaged witnesses. Hayslip v. State, 154 Ga. App. 835 (270 SE2d 61) (1980); Hanson v. State, 86 Ga. App. 313 (71 SE2d 720) (1952). ... In [Hanson], this court specifically noted that the nature of the offense was sexual and held that in such a case, when the victim was of tender years, the trial court did not abuse its discretion in permitting repetitive and even leading questions. We find the same considerations to obtain here, and therefore find [defendant’s] . . . enumeration without merit.” Amerson v. State, 177 Ga. App. 97, 99 (338 SE2d 528) (1985).

Judgment affirmed.

Birdsong, P. J., and Cooper, J., concur.