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Flewelling v. State

The detective's oral testimony, identifying the victim as the source of information, was sufficient to supplement the written affidavit in support of the search warrant.

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Following a jury trial, Flewelling appeals his conviction for two counts of aggravated child molestation and one count of statutory rape. He contends that 1 the evidence was insufficient to sustain his aggravated child molestation convictions; 2 the trial court erred in denying his motion to suppress, which alleged evidence was seized pursuant to a defective search warrant; 3 the trial court erred in excluding a motel registration card obtained by police during the investigation; and 4 his trial counsel provided ineffective assistance. We discern no error and affirm. “On appeal from a criminal conviction, we view the evidence in a light most favorable to support the jury’s verdict, and the defendant no longer enjoys a presumption of innocence; moreover, this Court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.” Punctuation and footnote omitted. Steverson v. State , 276 Ga. App. 876 1 625 SE2d 476 2005.

So viewed, the evidence at trial showed that 30-year-old Brad Flewelling met the victim, 15-year old K. W., while she was visiting her father in Florida during the summer of 2005. During the last week of her visit, K. W. became upset after she learned that a close family friend had died. Flewelling offered to console her. Once they were alone, Flewelling told K. W. that “he had feelings for her” and initiated sexual activity with her. Throughout the remaining nights of that week, K. W. snuck out of her father’s home, met with Flewelling, and engaged in sexual activity with him. Before leaving Florida, K. W. gave Flewelling a pair of her underwear and a necklace bearing the initial “K”.

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