Jeffrey Keith Bunn v. State

CourtCourt of Appeals of Georgia
DecidedFebruary 25, 2026
DocketA25A1677
StatusPublished

This text of Jeffrey Keith Bunn v. State (Jeffrey Keith Bunn v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jeffrey Keith Bunn v. State, (Ga. Ct. App. 2026).

Opinion

FIFTH DIVISION MCFADDEN, P. J., HODGES and PIPKIN, JJ.

NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.us/rules

February 25, 2026

In the Court of Appeals of Georgia A25A1677. BUNN v. THE STATE.

MCFADDEN, Presiding Judge.

After a jury trial, Jeffrey Bunn was convicted of two counts of aggravated child

molestation, five counts of child molestation, and one count of attempted child

molestation. Bunn appeals, challenging the sufficiency of the evidence; but the jury

was authorized to find from the evidence that Bunn was guilty beyond a reasonable

doubt of the charged offenses. Bunn also challenges the trial court’s admission of

certain evidence; but he has failed to show an abuse of discretion. Bunn further claims

ineffective assistance of trial counsel; but he has failed to show that counsel’s

performance was both deficient and prejudicial. So we affirm.

1. Sufficiency of the evidence Bunn enumerates that the evidence was insufficient to support his convictions.

We disagree.

On appeal from a criminal conviction, the defendant is no longer presumed innocent and all of the evidence is viewed in the light most favorable to the jury’s verdict. In evaluating the sufficiency of the evidence, we do not weigh the evidence or determine witness credibility, but only determine whether a rational trier of fact could have found the defendant guilty of the charged offenses beyond a reasonable doubt.

Fossier v. State, 362 Ga. App. 184, 185 (1) (867 SE2d 545) (2021) (citations and

punctuation omitted).

So viewed, the evidence shows that Bunn molested his three minor

stepdaughters by engaging in oral sex with one of them and touching her vagina with

his penis and hand; forcing two of the children to touch his penis with their hands; and

getting into bed with one of the girls, rubbing her chest and inner thighs, and asking

her to show her vagina to him. Such evidence was legally sufficient to support Bunn’s

convictions. See OCGA § 16-6-4 (a) (1) (a person commits the offense of child

molestation when he “[d]oes any immoral or indecent act to or in the presence of or

with any child under the age of 16 years with the intent to arouse or satisfy the sexual

desires of either the child or the person”); OCGA § 16-6-4 (c) (“[a] person commits

2 the offense of aggravated child molestation when such person commits an offense of

child molestation which act . . . involves an act of sodomy”).

In claiming otherwise, Bunn has not identified any evidentiary deficiency as to

the offenses of which he was convicted, and instead has merely cited evidence that

purportedly supported his defense theory. “[B]ut the jury was not required to believe

[such evidence] or accept [Bunn’s] defense.” Browner v. State, 296 Ga. 138, 141 (1)

(765 SE2d 348) (2014). The resolution of “any questions about conflicting evidence,

the credibility of witnesses, or the weight of the evidence [was left] to the discretion

of the [jury as the] trier of fact.” Porter v. State, 321 Ga. 644, 649 (2) (916 SE2d 424)

(2025) (citation and punctuation omitted). Accord Jackson v. State, 377 Ga. App. 606,

608 (1) (923 SE2d 155) (2025) (“Resolving evidentiary conflicts and inconsistencies,

and assessing witness credibility, are the province of the factfinder, not this [c]ourt.”)

(citation and punctuation omitted). Because “there [was] some competent evidence,

even [if] contradicted, to support each fact necessary to make out the [s]tate’s case,

the jury’s verdict will be upheld.” Atkins v. State, 342 Ga. App. 849, 851 (1) (805

SE2d 612) (2017) (citations and punctuation omitted).

2. Evidence of stepdaughter pornography

3 Bunn contends that the trial court erred in allowing the state to introduce

evidence of pornography involving stepfathers and stepdaughters that was found on

his cellular telephone because it was not relevant under OCGA § 24-4-401 (“Rule

401”) and was unduly prejudicial under OCGA § 24-4-403 (“Rule 403”). The

contention is without merit.

Rule 401 provides that “‘relevant evidence’ means evidence having any

tendency to make the existence of any fact that is of consequence to the determination

of the action more probable or less probable than it would be without the evidence.”

Rule 403 provides that “[r]elevant evidence may be excluded if its probative value is

substantially outweighed by the danger of unfair prejudice, confusion of the issues, or

misleading the jury or by considerations of undue delay, waste of time, or needless

presentation of cumulative evidence.”

With regard to relevance under Rule 401, the pornography evidence

“[d]emonstrating a prurient interest in [stepdaughters] would support a finding that

[Bunn’s conduct was] intended . . . for the purpose of sexual gratification, which is an

element of child molestation. [Bunn] denied any sexual intent [toward his

stepdaughters], so evidence tending to prove that fact would be relevant.” Holzheuser

4 v. State, 351 Ga. App. 286, 290-291 (1) (a) (ii) (828 SE2d 664) (2019) (involving

evidence of websites viewed on defendant’s phone featuring images of girls in

underwear or lingerie) (citation omitted). See also Brantley v. State, 370 Ga. App. 757,

762 (1) (a) (899 SE2d 284) (2024) (jury could infer defendant’s sexual intent toward

his niece from evidence of internet searches for content relating to sexual encounters

between uncles and nieces).

Moreover, given that one of the victims testified that Bunn would force her to

watch pornographic videos on his phone of sexual acts like those he was doing to her,

evidence of such videos was “admissible as intrinsic evidence [of] (1) an uncharged

offense arising from the same transaction or series of transactions as the charged

offense; (2) necessary to complete the story of the crime; or (3) inextricably

intertwined with the evidence regarding the charged offense.” Vaughn v. State, 352

Ga. App. 32, 35 (1) (833 SE2d 723) (2019) (citation and punctuation omitted).

As for the exclusion of such relevant evidence under Rule 403, we have

explained:

The primary function of Rule 403 . . . is to exclude evidence of scant or cumulative probative force, dragged in by the heels for the sake of its prejudicial effect. On appeal, the trial court’s rulings on the exclusion or admission of evidence are reviewed for a clear abuse of discretion.

5 Moreover, the exclusion of relevant evidence under Rule 403 is an extraordinary remedy that should be used only sparingly.

Hines v. State, 353 Ga. App. 710, 713-714 (2) (839 SE2d 208) (2020) (citations and

Bunn has made no showing that the evidence in question was of scant or

cumulative probative force that was introduced merely for prejudicial effect. Rather,

he simply makes the conclusory claim that it was unduly prejudicial. Under these

circumstances, we find no abuse of discretion since “the trial court was authorized to

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