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Jose Luis Aguilar, Jr.v.The State

CourtCourt of Appeals of Georgia
Docket No.A16A1893
DecidedMarch 7, 2017
Reporter336 Ga. App. 821
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureEvidenceJury InstructionsReversalDirect Appeal
Case Summary

Jose Luis Aguilar was convicted of child molestation, sexual battery, and cruelty to a child. On appeal, he challenged the admission of evidence and the jury instruction given on the sexual-battery counts. The Court of Appeals affirmed in part and reversed in part. It held that the trial court committed plain error by giving an instruction that misstated the governing law on an element of sexual battery. Because the instruction affected the jury’s consideration of those counts and the State could not show that the error was harmless, the convictions for the two sexual-battery counts had to be reversed. The court rejected the remaining evidentiary challenge, explaining that testimony about the child’s forensic examination and the resulting findings was admissible even though it necessarily bore on credibility. Aguilar’s other convictions remained intact. The judgment was affirmed in part and reversed in part. Two judges concurred.

Opinion

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