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Braddy v. State
Citations: 422 S.E.2d 260; 205 Ga. App. 424; 1992 Ga. App. LEXIS 1195Docket: A92A1439
Court: Court of Appeals of Georgia; September 8, 1992; Georgia; State Appellate Court
Defendants James Braddy and Wanda Braddy were convicted of multiple sexual offenses against James's stepson, including five counts of aggravated sodomy, aggravated child molestation, and child molestation. The incidents occurred in Barrow County, Georgia, when the victim was three years old, with James Braddy directly committing the acts and Wanda Braddy failing to protect the child and encouraging the abuse. The jury found sufficient evidence to support James Braddy's guilt based on the victim's testimony, corroborated by his stepmother and law enforcement officials. Wanda Braddy contested her conviction, claiming that the evidence against her was primarily uncorroborated hearsay. However, the Child Hearsay Statute (OCGA 24-3-16) permits the admission of a child's statements regarding sexual abuse if the child can testify and the statements show reliability. Although the four-year-old victim could not recall Wanda's presence during the abuse, a professional from a Sexual Abuse Treatment Program testified that the victim indicated Wanda’s involvement. This, along with other testimonies supporting the child's accounts, established the reliability of the hearsay, leading the jury to find Wanda Braddy guilty of aiding and abetting in the charged offenses. The court upheld the convictions for both defendants, affirming the jury's verdicts. Defendant Wanda Braddy argues that the trial court erred by admitting evidence of her alleged molestation of the victim, claiming it was not admissible as similar transactions since she was not charged with that specific act. The court rejects this argument, stating that the sexual abuse of children is sufficiently similar for such evidence to be admissible. The State presented evidence that Wanda Braddy acted in concert with James Braddy to commit acts of child molestation, aggravated sodomy, and aggravated child molestation, which is relevant to establish her motive, intent, and involvement in the crimes charged. Additionally, the defendants contend that sentencing on Counts 2 and 4 was erroneous, arguing that these charges merged with those of aggravated sodomy in Counts 1 and 3. The court finds this argument unmeritorious, explaining that the evidence indicates multiple, separate acts of aggravated sodomy committed by James Braddy on distinct occasions, thus supporting convictions for both child molestation and aggravated sodomy without merger. The judgment is affirmed, with both concurring justices agreeing.