Wiggins v. State

787 S.E.2d 357, 338 Ga. App. 273, 2016 WL 3457731, 2016 Ga. App. LEXIS 370
CourtCourt of Appeals of Georgia
DecidedJune 24, 2016
DocketA16A0162
StatusPublished
Cited by10 cases

This text of 787 S.E.2d 357 (Wiggins 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
Wiggins v. State, 787 S.E.2d 357, 338 Ga. App. 273, 2016 WL 3457731, 2016 Ga. App. LEXIS 370 (Ga. Ct. App. 2016).

Opinions

McMillian, Judge.

Rebecca Wiggins appealed the denial of her motion for new trial after a jury convicted her of sexual exploitation of children, aggravated sodomy, child molestation, and cruelty to children in the first degree.1 In Wiggins v. State, 330 Ga.App. 205, 211 (c) (767 SE2d 798) (2014) (“Wiggins I”), this Court found that although the evidence at trial was sufficient to support Wiggins’ convictions, the record failed to demonstrate that the trial judge applied the proper standard in reviewing her convictions on the general grounds. Accordingly, we vacated the judgment and remanded the case to the trial court to reconsider the issue under the appropriate discretionary standard, and we declined to rule on Wiggins’ remaining enumerations of error at that time. Id.

On remand, the trial court held a hearing and issued an order denying Wiggins’ motion for new trial on the general grounds. Wiggins now appeals from that order, reasserting the enumerations of error not reached by this Court in Wiggins I and further asserting that on remand, the trial court failed to give the proper weight to the defense expert’s testimony in reviewing the evidence on the general grounds.2

The charges in this case arose out of allegations that sometime between November 17, 2001 and November 16, 2003, Wiggins took sexually explicit pictures of the victim, and sometime between February 25, 2004 and September 30, 2004, she took the victim to David Ray’s house and was present when Ray sodomized her. We summa[274]*274rized the evidence from Wiggins’ trial in Wiggins I, and we need not restate the evidence here. However, we note that the victim3 testified that on a number of occasions, Wiggins took her to Ray’s house, bathed her in a bathtub, took her to the room where Ray was waiting, stayed in the room while Ray sexually assaulted her, and then accepted payment from Ray afterward.4

1. In her first enumeration, Wiggins asserts that the trial court erred in denying her motion in limine to prevent testimony and evidence showing that she had been a victim of molestation when she was a child.

Wiggins’ trial counsel (“Defense Counsel”) made an oral motion in limine at trial to exclude any evidence alleging that Wiggins was the prior victim of sexual assault after the prosecution stated that it wanted to elicit evidence that Wiggins told the victim that she had been molested by her father when she was a child. Defense Counsel argued that such evidence placed her client’s character into evidence, was highly prejudicial, and was hearsay. The prosecutor argued, however, that the evidence was not hearsay because it was a statement made by Wiggins as a part of the crime and that the evidence was admissible because it went to the issues of Wiggins’ intent, knowledge, and motive.

The trial court denied the motion in limine, and the victim later testified that when Wiggins took her to Ray’s house, she would talk to her about “what happened to her when she was little, like what her dad molested her with and things like that.” The victim said that Wiggins told her that she was telling her these things “[t]o make me feel comfortable, to make me feel like it was right to do, right for me to do what he was doing to me.” Melissa Dotterweich, the State’s expert witness,5 a therapist who worked with the victim, testified that during their sessions, the victim went into detail about what Wiggins had told her, including that her father had molested her when she was young. Defense Counsel renewed her prior objections to this evidence, but the trial court overruled them.

Generally, appellate courts review a trial court’s decision on the admission of evidence for an abuse of discretion. See Moore v. State, [275]*275295 Ga. 709, 712 (2) (763 SE2d 670) (2014). And

[w]here[, as here,] the evidence at a hearing on a motion in limine is uncontroverted, and no issue exists regarding the credibility of witnesses, we review the trial court’s ruling to ensure that there was a substantial basis for it. The trial court’s application of the law to the undisputed facts is subject to de novo review.

(Citation omitted.) State v. Barnard, 321 Ga. App. 20, 20 (740 SE2d 837) (2013).

The evidence at issue concerned statements made by Wiggins as she took the victim to Ray’s house where he performed sexual acts upon the child. Former OCGA § 24-3-3, which was applicable at the time of Wiggins’ trial,6 provided that “[declarations accompanying an act, or so nearly connected therewith in time as to be free from all suspicion of device or afterthought, shall be admissible in evidence as part of the res gestae.” And “[u]nder longstanding Georgia law, all the acts and circumstances surrounding and constituting the res gestae are admissible, despite the fact that they may reflect poorly on a defendant’s character.” Baughns v. State, 335 Ga. App. 600, 602 (1) (782 SE2d 494) (2016). Therefore, “evidence of statements made by the defendant during the commission of the offense is admissible as part of the res gestae of the crime even if it puts the defendant’s character in evidence.” Ware v. State, 308 Ga. App. 24, 28 (3) (707 SE2d 111) (2011). Accordingly, pretermitting whether evidence showing that the defendant was herself previously the victim of a sexual crime may be considered evidence of bad character, we find that Wiggins’ statements about her own abuse were admissible as part of the res gestae of the crimes.

Moreover, the evidence was relevant to the issue of Wiggins’ knowledge and intent in taking the child to Ray’s house.

Evidence which is relevant and responsive but which minimally places the character of the defendant into issue, is nevertheless admissible where the relevance of the testimony outweighs any prejudice it may cause. Relevant evidence is not rendered inadmissible because it incidentally puts the defendant’s character into issue.

[276]*276(Citation omitted.) Moore, 295 Ga. at 714 (3). See also Kendrick v. State, 156 Ga. App. 27, 28 (274 SE2d 78) (1980) (“Evidence which incidentally may place a criminal defendant’s character in issue is admissible if independently relevant, such as to show knowledge, motive, plans, intent, scheme or identity.”).

Here, Wiggins’ statements to the victim showed her intent in bringing the victim to Ray and her knowledge of what was going to happen when they got there. Under the facts of this case, therefore, we find no error in the admission of Wiggins’ statements to the victim. See, e.g., Young v. State, 290 Ga. 392, 398-99 (8) (721 SE2d 855) (2012) (evidence that defendant admitted to police that he sold crack cocaine was admissible because it was relevant to motive for crime of murder, even though it incidentally put defendant’s character into issue).

2. Wiggins next argues that the trial court erred in overruling Defense Counsel’s objections to the prosecutor’s leading questions during the direct examination of the victim.

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Bluebook (online)
787 S.E.2d 357, 338 Ga. App. 273, 2016 WL 3457731, 2016 Ga. App. LEXIS 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiggins-v-state-gactapp-2016.