Hicks v. State, 563 S.E.2d 897 (Ga. Ct. App. 2002). · Go Syfert
Hicks v. State, 563 S.E.2d 897 (Ga. Ct. App. 2002). Cases Citing This Book View Copy Cite
38 citation events (38 in the last 25 years) across 1 distinct court.
Strongest positive: Deanta Smith v. State (gactapp, 2021-10-14)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 17 distinct citers.
cited Cited as authority (rule) Deanta Smith v. State
Ga. Ct. App. · 2021 · confidence medium
The “act” required for child molestation under OCGA § 16-6-4 (a) “may be merely verbal.” Hicks v. State, 254 Ga. App. 814, 816 (2) ( 563 SE2d 897 ) (2002).
discussed Cited as authority (rule) Russell Calvin McCurdy v. State
Ga. Ct. App. · 2021 · confidence medium
Our law is clear that “touching” is not necessary to show an act of child molestation, and we have previously held that “the ‘act’ required by the statute may be merely verbal.” Hicks v. State, 254 Ga. App. 814, 816 (2) ( 563 SE2d 8 897 ) (2002) (verbal act of asking victim to spread her legs was sufficient to show child molestation).
discussed Cited as authority (rule) Harris v. the State
Ga. Ct. App. · 2015 · confidence medium
Having reviewed the evidence in the light most favorable to the verdict, we conclude that “the evidence was sufficient for a *121 rational trier of fact to find [Harris] guilty of [the indicted offense of] enticing a child for indecent purposes beyond a reasonable doubt.” Hicks v. State, 254 Ga. App. 814, 816 (3) ( 563 SE2d 897 ) (2002) (punctuation omitted).
discussed Cited as authority (rule) Kevin Ray Cavender v. State
Ga. Ct. App. · 2014 · confidence medium
The evidence 4 OCGA § 16-6-4 (a) (1). 5 See Hicks v. State, 254 Ga. App. 814, 816 (2) ( 563 SE2d 897 ) (2002) (the act required by child molestation statute “may be merely verbal”); Snider v. State, 238 Ga. App. 55, 56-57 (1) (a) ( 516 SE2d 569 ) (1999) (child molestation conviction was supported by sufficient evidence where, among other things, defendant was often nude in presence of teenaged victim, sat on edge of tub while victim bathed, and watched her take a shower). 6 Wormley v. State, 255 Ga. App. 347, 348 ( 565 SE2d 530 ) (2002) (citation and punctuation omitted). 7 Lester v. Stat…
examined Cited as authority (rule) James Tudor v. State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2013 · confidence medium
See Whorton v. State, 318 Ga. App. 885, 887 (1) (a) ( 735 SE2d 7 ) (2012) (evidence that defendant called victim to come from a different part of the house and into his bedroom, for the purpose of showing her pornography, satisfied the asportation element); Hicks, supra, 254 Ga. App. at 816 (2).
examined Cited as authority (rule) Tudor v. State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2013 · confidence medium
See Whorton v. State, 318 Ga. App. 885, 887 (1) (a) ( 735 SE2d 7 ) (2012) (evidence that defendant called victim to come from a different part of the house and into his bedroom, for the purpose of showing her pornography, satisfied the asportation element); Hicks, supra, 254 Ga. App. at 816 (2).
cited Cited as authority (rule) Robert Moore v. State
Ga. Ct. App. · 2013 · confidence medium
Hicks v. State, 254 Ga. App. 814, 816 (3) ( 563 SE2d 897 ) (2002).
cited Cited as authority (rule) Moore v. State
Ga. Ct. App. · 2013 · confidence medium
Hicks v. State, 254 Ga. App. 814, 816 (3) ( 563 SE2d 897 ) (2002).
discussed Cited as authority (rule) Henderson v. State
Ga. Ct. App. · 2010 · confidence medium
Smith, P. J., and Adams, J., concur. 1 Henderson’s sentence included 20 years to serve on Counts 2, 5, 8,11,12, and 14, to run concurrently; 5 years to serve on Counts 3,6, and 9, to run consecutive to the sentence imposed on Count 2; 20 years probation on Counts 1, 4, 7, 10, and 13, to run concurrent with Count 2; and 5 years probation on Count 15, to run consecutive to Count 2. 2 (Citations omitted.) Foster v. State, 300 Ga. App. 446, 447 (1) ( 685 SE2d 422 ) (2009). 3 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 4 (Punctuation and footnotes omitted; emphasis supplied.) Bazin v. State,…
discussed Cited as authority (rule) Mikell v. State
Ga. Ct. App. · 2006 · confidence medium
Mikell and Adams, JJ., concur. 1 OCGA § 16-6-5. 2 OCGA § 16-6-4. 3 Berry v. State, 274 Ga. App. 831 (1) ( 619 SE2d 339 ) (2005). 4 Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979). 5 Carolina v. State, 276 Ga. App. 298, 301 (1) (a) ( 623 SE2d 151 ) (2005). 6 Keith v. State, 279 Ga. App. 819, 821 (2) ( 632 SE2d 669 ) (2006). 7 Duncan v. State, 269 Ga. App. 4, 6 (1) ( 602 SE2d 908 ) (2004). 8 Hicks v. State, 254 Ga. App. 814, 816 (2) ( 563 SE2d 897 ) (2002). 9 Lewis v. State, 275 Ga. App. 41, 42 (2) (a) ( 619 SE2d 699 ) (2005). 10 Cook v. State, 276 Ga. App. 8…
cited Cited as authority (rule) Leaptrot v. State
Ga. Ct. App. · 2005 · confidence medium
Hicks v. State, 254 Ga. App. 814, 816 (3) ( 563 SE2d 897 ) (2002). (ii) In the early morning hours of August 3, 2000, R.
discussed Cited as authority (rule) Wyley v. State
Ga. Ct. App. · 2003 · confidence medium
Eldridge and Mikell, JJ., concur. 1 Mann v. State, 244 Ga. App. 756, 757 (1) ( 536 SE2d 608 ) (2000). 2 Id. 3 Id. 4 See Hicks v. State, 254 Ga. App. 814, 815 (2) ( 563 SE2d 897 ) (2002). 5 See id. at 816 (3). 6 See Bogan v. State, 255 Ga. App. 413, 415 (3) ( 565 SE2d 588 ) (2002). 7 See Hamilton v. State, 274 Ga. 582, 589 (13) ( 555 SE2d 701 ) (2001). 8 See Dewberry v. State, 271 Ga. 624, 625 (2) ( 523 SE2d 26 ) (1999); Rogers v. State, 253 Ga. App. 675, 677 (3) ( 560 SE2d 286 ) (2002).
discussed Cited "see" Ryan Reid v. State (2×)
Ga. Ct. App. · 2021 · signal: see · confidence high
See Hicks v. State, 254 Ga. App. 814, 816 (3) ( 563 SE2d 897 ) (2002) (victim’s testimony that defendant “kept on trying to pull [her] towards him” satisfied asportation element); Cimildoro v. State, 259 Ga. 788, 789 (1) ( 387 SE2d 335 ) (1990) (asportation shown where defendant was in a tool shed with the victim and he persuaded her to lie down on a board so that he could molest her).
discussed Cited "see" Cavender v. State (2×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See Hicks v. State, 254 Ga. App. 814, 816 (2) ( 563 SE2d 897 ) (2002) (the act required by child molestation statute “maybe merely verbal”); Snider v. State, 238 Ga. App. 55, 56-57 (1) (a) ( 516 SE2d 569 ) (1999) (child molestation conviction was supported by sufficient evidence where, among other things, defendant was often nude in presence of teenaged victim, sat on edge of tub while victim bathed, and watched her take a shower).
discussed Cited "see" Carolina v. State (2×)
Ga. Ct. App. · 2005 · signal: see · confidence high
See generally Hicks v. State, 254 Ga. App. 814, 816 (2) ( 563 SE2d 897 ) (2002); Bowman v. State, 227 Ga. App. 598, 600 (1) ( 490 SE2d 163 ) *303 (1997).
discussed Cited "see, e.g." Harris v. the State (2×)
Ga. Ct. App. · 2014 · signal: see, e.g. · confidence medium
See, e.g., Hicks v. State, 254 Ga. App. 814, 816 (2) ( 563 SE2d 897 ) (2002) (verbal act of asking the victim to spread her legs was sufficient to support conviction for child molestation); Thompson v. State, 187 Ga. App. 563, 563-564 (2) ( 370 SE2d 819 ) (1988) (although defendant did not touch the child, evidence that he required the child to dance naked in front of him was sufficient to constitute child molestation).
discussed Cited "see, e.g." Stogisavlijevic v. State (2×)
Ga. Ct. App. · 2003 · signal: see also · confidence medium
See also Hicks v. State, 254 Ga. App. 814, 815 ( 563 SE2d 897 ) (2002) (no reversible error where court refused to exclude 45 high school children from trial of child molestation case). 3.
Hicks
v.
the State
A01A2262.
Court of Appeals of Georgia.
Mar 28, 2002.
563 S.E.2d 897
William W. Bond, Jr., for appellant., Roger G. Queen, District Attorney, for appellee.
Blackburn, Pope, Mikell.
Cited by 17 opinions  |  Published
Blackburn, Chief Judge.

Wayne Hicks appeals his convictions of five counts of child molestation, two counts of cruelty to children in the first degree, and one count of enticing a child for indecent purposes, contending that the trial court should have excluded approximately forty-five high school students from the courtroom, that it should have directed a verdict in his favor on one of the child molestation counts and on the enticing count, and that the latter count should have been merged into the former. Finding no error, we affirm.

1. Hicks’ initial contention is that the trial court should have excluded from the courtroom approximately 45 students in the tenth through twelfth grades whose presence, according to Hicks, “caused a sympathetic environment towards the alleged victims.” At a bench conference after voir dire of the jury, Hicks’ counsel objected to the presence of the students on the ground that “it would violate my client’s right to an impartial jury,” noting that the students were aged[*815] “anywhere from fifteen to perhaps eighteen” and that their presence “might create a sympathy atmosphere.” In denying Hicks’ motion to exclude the students, the court stated that it had been “explained to them that they can make no comments, no facial movements whatsoever, that in the event they do, this Court . . . would excuse them from the room.” Moreover, Hicks makes no claim that the students failed to obey the court’s admonition to “make no comments [or] facial movements whatsoever,” unlike Glenn v. State [1] where the widow of the victim was “audibly and visibly weeping.”

In Pratt v. State, [2] the defendant, a prisoner, was on trial for mutiny for biting a guard. After the evidence had closed, about 25 uniformed but unarmed correctional officers appeared toward the back of the courtroom, and the defendant objected on the basis that their presence created an “atmosphere ... of partiality.” Id. at 568. In finding that the court did not abuse its discretion in permitting the officers to remain, we noted that there was no evidence of “pretrial publicity, a hostile community atmosphere, or any other factor which would warrant the conclusion that the presence of the prison guards was actually or inherently prejudicial.” Id. Likewise, Hicks points to no such factors at work in this case. The presence of the students in the courtroom does not provide a basis for reversal. We note, however, that even in those cases where a trial court may not be “obligated” to exclude certain spectators, id. at 569, the wiser course may be to do so.

2. Hicks contends that the trial court should have granted his motion for a directed verdict of acquittal on Count 6 of the indictment, which charged the offense of child molestation.

The standard of review for the denial of a motion for directed verdict of acquittal is the same as for determining the sufficiency of the evidence to support a conviction. We view the evidence in the light most favorable to the jury’s verdict, and the defendant no longer enjoys the presumption of innocence. We do not weigh the evidence or determine witness credibility, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt.

(Footnotes omitted.) Watkins v. State. 3

OCGA § 16-6-4 (a) provides that “[a] person commits the offense of child molestation when he . . . does any immoral or indecent act to[*816] . . . any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of . . . the person.” The victim named in Count 6 testified that she was 14 years old, that she had “big legged shorts on,” that the defendant was sitting right in front of her when he asked her to spread her legs, that she asked, “why would I?,” and that he responded, “well, you know you have a fine body.” Hicks points out that “it was never shown that appellant ever . . . attempted to look up her shorts.” But the “act” required by the statute may be merely verbal. Bowman v. State. 4 Thus, the evidence was sufficient for a rational trier of fact to find Hicks guilty of this count of child molestation beyond a reasonable doubt.

3. Hicks also contends that the trial court should have granted his motion for a directed verdict on Count 7, which charged the offense of enticing a child for indecent purposes. OCGA § 16-6-5 (a) provides that “[a] person commits the offense of enticing a child for indecent purposes when he . . . solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts.” The victim named in this count was the same as the victim in the child molestation count discussed in Division 2. She testified that immediately after the verbal exchange discussed in Division 2, Hicks “kept on trying to pull me towards him.” Hicks contends that “no evidence was offered to show . . . the asportation requirement.” The identical claim was made in Bragg v. State, 5 however, and we there wrote that “[a]ny asportation, however slight, is sufficient to show [the taking] element [of enticing a child for indecent purposes].” Thus, the evidence was sufficient for a rational trier of fact to find Hicks guilty of enticing a child for indecent purposes beyond a reasonable doubt.

4. Hicks argues that he should not have been sentenced under Count 7 because all the facts used to prove that count were “used up” in proving Count 6. He concedes that the two offenses do not merge as a matter of law. Leon v. State. 6 He claims, however, that “because the evidence arose from the same act, the evidence of a grabbing was used by the State to find a pattern of conduct which amounted to child molestation, the charge of enticing a minor should have merged with the child molestation case.” Here, however, the molestation was completed before the enticement occurred, id. at 108, and “the prosecution did not have to prove the subsequent [enticement] in order to prove the [molestation] count.” Id.

5. Hicks contends, finally, that “the evidence was insufficient to convict Appellant.” This portion of his brief is limited to Counts 6 and[*817] 7, however, and adds nothing to the arguments addressed in Divisions 2 and 3, supra.

Decided March 28, 2002 Reconsideration denied April 10, 2002 William W. Bond, Jr., for appellant. Roger G. Queen, District Attorney, for appellee.

The evidence was sufficient to support the verdict. See Jackson v. Virginia. 7

Judgment affirmed.

Pope, P. J., and Mikell, J., concur.
1

Glenn v. State, 205 Ga. 32, 35 (52 SE2d 319) (1949).

2

Pratt v. State, 228 Ga. App. 567 (492 SE2d 310) (1997).

3

Watkins v. State, 253 Ga. App. 382, 385 (3) (559 SE2d 133) (2002).

4

Bowman v. State, 227 Ga. App. 598 (490 SE2d 163) (1997).

5

Bragg v. State, 217 Ga. App. 342 (1) (457 SE2d 262) (1995).

6

Leon v. State, 237 Ga. App. 99, 107 (5) (513 SE2d 227) (1999).

7

Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).