Harvey v. State , 233 Ga. 41, 43 (1), 209 S.E.2d 587 (1974).Tinson v. State , 337 Ga. App. 83, 86 (2), n.1, 785 S.E.2d 914 (2016).Winn v. State , 291 Ga. App. 16, 19-20, 660 S.E.2d 883 (2008).
In reviewing the sufficiency of the evidence supporting a criminal conviction, we do not weigh the evidence or resolve conflicts in witness testimony, but instead determine whether, after viewing the evidence in the light most favorable to the verdict, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Tinson v. State, 337 Ga. App. 83 (1), 785 S.E.2d 914 (2016). So viewed, the evidence shows that when Jones' niece was 11 years old, he forcibly inserted his penis into her vagina, placed his penis on her lips, and ejaculated on her stomach.
We review the evidence in a light most favorable to the prosecution and our sole question in this review is whether any rational trier of fact could have found the essential elements of the crimes to have been established beyond a reasonable doubt. Tinson v. State, 337 Ga.App. 83, 83 (1) (785 S.E.2d 914) (2016); Drake v. State, 363 Ga.App. 653, 655 (1) (872 S.E.2d 306) (2022). Specifically, Peterman argues that the State failed to prove that Peterman knew he was related to N. G. by blood or marriage, which is an essential element of the crime of incest.
We review the evidence in a light most favorable to the prosecution and our sole question in this review is whether any rational trier of fact could have found the essential elements of the crimes to have been established beyond a reasonable doubt. Tinson v. State, 337 Ga. App. 83, 83 (1), 785 S.E.2d 914 (2016); Drake v. State, 363 Ga. App. 653, 655 (1), 872 S.E.2d 306 (2022). Specifically, appellant argues that there was insufficient evidence to support the verdict as to counts five (aggravated assault), eight (theft by taking), and nine (tampering with evidence) of the indictment, so we will address each of those counts separately.
(Citation and punctuation omitted.) Tinson v. State, 337 Ga. App. 83, 83 (1), 785 S.E.2d 914 (2016). This Court determines whether "after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt."
The evidence here was plainly sufficient to sustain Johnson's convictions for rape, incest, and child molestation. See Tinson v. State, 337 Ga.App. 83, 85-86 (1) (785 S.E.2d 914) (2016).
The evidence here was plainly sufficient to sustain Johnson's convictions for rape, incest, and child molestation. See Tinson v. State , 337 Ga. App. 83, 85-86 (1), 785 S.E.2d 914 (2016). 2. Johnson next argues that the trial court erred when it denied his motion for a mistrial following "emotional outbursts" by N. J. during her direct testimony.
This evidence was sufficient to establish the crimes of rape and incest. See Tinson v. State , 337 Ga. App. 83, 84-85 (1), 785 S.E.2d 914 (2016) (evidence was sufficient to support incest conviction where father touched his daughter's genitals and engaged in sexual intercourse with her); Thomas v. State , 306 Ga. App. 8, 9-10, 701 S.E.2d 525 (2010) (evidence was sufficient to support forcible rape conviction where the defendant entered the child victim's room and engaged in intercourse, and the victim stated that she did not fight back because of the defendant's size and because she was shocked and scared). Although Wright argues that there were conflicts in the evidence and that the evidence was not overwhelming, "[c]onflicts in the testimony of witnesses, including the State's witnesses, are a matter of credibility for the jury to resolve."
This evidence is sufficient to satisfy the elements of the above charges. OCGA §§ 16-6-1 (a) (1) ; 16-6-22 (a) (1); 16-6-4 (a) (1), (c); see also Tinson v. State , 337 Ga. App. 83, 85 (1), 785 S.E.2d 914 (2016) ("Georgia law does not require corroboration of a sexual crime victim's testimony."); OCGA § 24-14-8 ("The testimony of a single witness is generally sufficient to establish a fact."). Nevertheless, Green contends that the evidence was insufficient because the DNA results were too broad to identify him as the assailant beyond a reasonable doubt.
And, the offense of rape required proof of a fact that the offense of aggravated child molestation did not: lack of consent. Cf. Tinson v. State , 337 Ga. App. 83, 86 (2), 785 S.E.2d 914 (2016) (rape and incest convictions predicated on same act of penetration did not merge because State must prove lack of consent to establish crime of rape and must prove that victim was of certain relation to defendant to establish crime of incest). There is no allegation of sodomy in this case.