C.G. v. State

841 So. 2d 281
CourtCourt of Criminal Appeals of Alabama
DecidedAugust 31, 2001
DocketCR-00-0590
StatusPublished
Cited by24 cases

This text of 841 So. 2d 281 (C.G. v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
C.G. v. State, 841 So. 2d 281 (Ala. Ct. App. 2001).

Opinions

SHAW, Judge.

The appellant, C.G., was convicted of sexual abuse in the first degree, a violation of § 13A-6-66, Ala.Code 1975, and was sentenced to seven years’ imprisonment. The victim was her five-year-old daughter, A.D.

The appellant contends that the evidence was insufficient to sustain her conviction. She preserved this issue for review by moving for a judgment of acquittal at the close of the State’s case.

“ ‘In determining the sufficiency of the evidence to sustain a conviction, a reviewing court must accept as true all evidence introduced by the State, accord the State all legitimate inferences therefrom, and consider all evidence in a light most favorable to the prosecution.’ ” Ballenger v. State, 720 So.2d 1033, 1034 (Ala.Crim.App.1998), quoting Faircloth v. State, 471 So.2d 485, 488 (Ala.Crim.App.1984), aff'd, 471 So.2d 493 (Ala.1985). “ ‘The test used in determining the sufficiency of evidence to sustain a conviction is whether, viewing the evidence in the light most favorable to the prosecution, a rational finder of fact could have found the defendant guilty beyond a reasonable doubt.’ ” Nunn v. State, 697 So.2d 497, 498 (Ala.Crim.App.1997), quoting O’Neal v. State, 602 So.2d 462, 464 (Ala.Crim.App.1992). “ When there is legal evidence from which the jury could, by fair inference, find the defendant guilty, the trial court should submit [the case] to the jury, and in such a case, this court will not disturb the trial court’s decision.’ ” Farrior v. State, 728 So.2d 691, 696 (Ala.Crim.App.1998), quoting Ward v. State, 557 So.2d 848, 850 (Ala.Crim.App.1990). “The role of appellate courts is not to say what the facts are. Our role ... is to judge whether the evidence is legally sufficient to allow submission of an issue for decision [by] the jury.” Ex parte Bankston, 358 So.2d 1040, 1042 (Ala.1978). (Emphasis in Bankston.)

The evidence adduced at trial indicated that in 1997, A.D. lived with her mother, the appellant, in a mobile home in Pratt-ville. A.D. testified that her father, M.D., “sometimes” stayed with them in the mobile home. (R. 24, 32.) According to A.D., on two or three occasions, when her father was visiting, he “hurt [her] on [her] private.” (R. 25.) A.D. specifically testified regarding an incident that occurred while she, the appellant, and her father were outside watching a comet. A.D. stated that while she was watching the comet with her parents, the appellant went inside to prepare dinner, leaving her alone outside with her father. After her mother went inside, A.D. said, her father placed her on the car and “rubbed on [her] private.” (R. 26.) A.D. testified that she could not remember the name for the part of her father’s body that he used to rub her, but stated that “it was his private.” (R. 28.) A.D. also testified about a second occasion of sexual abuse by her father, which, she said, occurred when the appellant again left her alone with her father. A.D. stated that she had told the appellant on two separate occasions that her father had hurt her, specifically that he had hurt her “privates.” A.D. also said that she no longer refers to the appellant as her “mama” because the appellant “didn’t protect [her]” from her father’s abuse and because the appellant “wasn’t the right mother that she was supposed to be.” (R. 29.)

Barbara J. Morris, a social worker with the Autauga County Department of Human Resources assigned to the Child Protective Services Unit, testified that she became involved in A.D.’s case in April 1997, when her office received a telephone [284]*284call reporting that A.D. had been sexually abused. Morris testified that she initially interviewed A.D. at her office to determine whether to involve law-enforcement officers. During that interview, Morris said, A.D. revealed that her father had sexually abused her. After contacting the proper authorities, Morris then telephoned the appellant and requested that A.D., who had been placed in the custody of the appellant’s sister when the allegations were initially reported, be allowed to remain with the appellant’s sister until the investigation was complete. Morris stated that she requested this arrangement because A.D. had indicated to her that the appellant and her father had frequent contact and because A.D. had told her that the appellant had known of the abuse and had failed to take any action to protect her or to prevent further instances of abuse.

Morris testified that she subsequently met with the appellant in person at the appellant’s place of employment. According to Morris, at that time, she gave the appellant the option of regaining custody of A.D. if she agreed to keep A.D. away from her father. However, because the appellant was unable to assure Morris that she would terminate all contact with A.D.’s father, A.D. remained in her aunt’s custody with the appellant’s approval. The record reflects that, at the appellant’s request, A.D. was later removed from her aunt’s home and sent to live with her uncle, the appellant’s brother, L.G., and his wife, J.G.1 Morris testified that the appellant had told her that she would not discontinue contact with AD.’s father because she would not believe the allegations unless she heard them from A.D.

Morris also testified that, during her meeting with the appellant, she requested that the appellant not mention to A.D.’s father the allegations of sexual abuse until the investigation was complete. According to Morris, the appellant refused to cooperate, telling Morris that A.D.’s father “needed to know.” (R. 91.) In addition, during the interview, the appellant corroborated A.D.’s allegations that there were occasions when A.D. was alone with her father — once when the appellant went to feed a neighbor’s dog and once when the appellant left the house to pick up a pizza for dinner.

Morris further testified that she arranged a meeting between A.D., the appellant’s sister-in-law, and the appellant. Morris was also present at the meeting. During the meeting, Morris said, A.D. stated that she had told the appellant about her father’s abuse. According to Morris, the appellant did not appear shocked upon hearing A.D.’s statement, she merely asked when A.D. had told her about the abuse.

Morris also indicated that her office had supervised monthly visits between A.D. and the appellant. According to Morris, the visits were hostile. Morris said that A.D. had to be physically forced into the room with the appellant on more than one occasion; that A.D. had refused to enter the room with the appellant unless Morris was present; and that once in the room, A.D. had very little interaction with the appellant.

Morris stated that during her investigation of the abuse of A.D., she discovered that there had been a previous allegation of sexual abuse made against A.D.’s father by another victim in 1993. Although the prior report indicated a finding of sexual abuse, Morris said, the district attorney’s office had elected not to prosecute the case. However, according to Morris, when the present allegations arose, the district [285]*285attorney initiated prosecution on the 1993 charge, and AD.’s father pleaded guilty to that charge in exchange for charges pending against him in Autauga County alleging the sexual abuse of A.D. being dropped.2 After concluding her investigation, Morris said, she was of the opinion that A.D. had been sexually abused.

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Ex Parte CG
841 So. 2d 292 (Supreme Court of Alabama, 2002)
CG v. State
841 So. 2d 281 (Court of Criminal Appeals of Alabama, 2001)

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Bluebook (online)
841 So. 2d 281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cg-v-state-alacrimapp-2001.