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Walker v. State

The victims' testimony supported the defendant's convictions for child molestation and child cruelty.

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Following a 1993 jury trial, David Walker was convicted on two counts of child molestation1 and two counts of cruelty to children.2 He appeals, arguing that the evidence was insufficient to support his convictions. For the reasons set forth below, we affirm. “On appeal from a criminal conviction, the evidence must be construed in a light most favorable to the verdict, and Walker no longer enjoys a presumption of innocence.” Punctuation omitted. Dennis v. State .3 In evaluating the sufficiency of the evidence to support a conviction, 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. Jackson v. Virginia .4

So viewed, the record shows that on January 30, 1993, Kelly Dixon hired a neighbor’s daughter to babysit her 7-year-old son, her 9-year-old daughter, A. D., and her daughter’s 7-year-old friend, C. K, who was spending the night. After the babysitter arrived, Dixon went to a bar to meet friends. At the bar, she ran into Hudson, who was a friend she had known since high school, and Hudson’s friend Walker. At some point after 3 am, Dixon had Hudson drive her home because she had been drinking too much to drive her own vehicle. Walker, who had gone to the bar with Hudson, accompanied Dixon and Hudson back to Dixon’s home. Upon arriving home, Dixon found the three children sleeping in her bed and asked the babysitter to help her move her son to his room and the two girl’s to A. D.’s room. Thereafter, Dixon and Hudson retired to Dixon’s bedroom. Walker went to sleep on a couch in the living room, and the babysitter slept on a large chair in the same room. Before he went to sleep, Walker told the babysitter that he usually slept without clothes but would not do so since he was a guest.

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