Eraclio Vega-Renteria v. State
CourtCourt of Appeals of Georgia
Date FiledOctober 26, 2026
DocketA26A1327
StatusPublished
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Full Opinion
FIFTH DIVISION
BARNES, P. J.,
MCFADDEN, P. J., and MERCIER, P. J.
NOTICE: Motions for reconsideration must be
received no later than 4:30 pm on the 10th day after
the decision was issued to be deemed timely filed.
https://www.gaappeals.gov/rules
October 26, 2026
In the Court of Appeals of Georgia
A26A1327. VEGA-RENTERIA v. THE STATE.
MCFADDEN, Presiding Judge.
Eraclio Vega-Renteria was indicted for two counts of rape, one count of
aggravated sodomy, and three counts of child molestation against his middle daughter,
S. v., and a single count of child molestation against his eldest daughter, L. v. The trial
court granted a directed verdict of acquittal on the single count of child molestation
against L. V., and the jury returned guilty verdicts on the remaining counts.
After the denial of his motion for new trial, Vega-Renteria filed this appeal. He
argues that the trial court committed plain error by admitting the recording of S. V.’s
forensic interview and that the trial court erred by denying his bolstering objection to
certain testimony of L. V. We hold that Vega-Renteria has not shown reversible error.
So we affirm.
1. Trial evidence
“Because [Vega-Renteria] does not challenge the sufficiency of the evidence
as to his convictions, and because we resolve ... a claim of plain trial court error in
ways that implicate the strength of the [s]tate’s case, we present the evidence as a
reasonable juror would have viewed it instead of in the light most favorable to the
verdicts.” Johnson v. State, 321 Ga. 511, 512 n.2 (915 SE2d 636) (2025). So viewed, the
evidence presented at trial may be summarized as follows. Id. at 512.
S. v., who was 15 years old at the time of trial, is Vega-Renteria’s middle
daughter. S. V. testified at trial that on two occasions, she awoke to her father having
intercourse with her and that on other occasions she awoke to him touching her or
standing over her and masturbating.
In 2022, S. V. told her older sister, L. v., that their father was touching her at
night. S. V. testified at trial that she made the disclosure to L. V. because she heard
what she thought was her father sexually abusing their younger sister. S. V. testified
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that one night, Vega-Renteria came home and was sleeping with her younger sister on
the couch. She testified:
And then, I kept hearing, like, the couch move, and that’s when I knew
he was probably touching my little sister. I don’t exactly know if it was
[a cousin, who was sleeping over,] or my little sister. But that’s when,
like, I had enough. Like, this, like, needed to stop now, because, like
maybe if I never told my sister, this would have escalated to the point
where — yeah, you know. And that’s when I told my sister, like, my
older sister, everything.
After S. V.’s disclosure, L. V. called their mother, who was at work, and then 911.
The responding officers interviewed S. V., L. V., and their mother, and asked
L. V. and the girls’ mother to accompany them to the police station. While there, L.
V. made her own disclosure to law enforcement officers. She informed them that
when she was in middle school, Vega-Renteria had gotten into bed with her, put his
hand under her shirt, and unstrapped her bra. She failed to report the incident at the
time, she testified, because she assumed Vega-Renteria had mistaken her for her
mother.
When the prosecuting attorney asked L. V. why she disclosed the incident to
law enforcement officers after S. V.’s outcry, when she had not disclosed it at the time
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years before, she responded, “Because I believe ... .” Before she completed her
sentence, defense counsel objected on the ground that the testimony was bolstering.
The trial court overruled the objection, and L. V. then testified, “I believed my
sister.”
S. V. underwent a forensic interview that was recorded. A recording of the
interview was admitted into evidence and played for the jury.
2. Admission of video recording of forensic interview
Vega-Renteria enumerates that the trial court plainly erred by admitting
evidence that he may have sexually abused his youngest daughter. He focuses his
argument on a portion of the video recording of S. V.’s forensic interview. Similar to
her testimony at trial describing another incident involving her younger sister (which
Vega-Renteria does not challenge on appeal), in the forensic interview S. V. described
hearing what she believed was her father sexually abusing her younger sister. We hold
that Vega-Renteria is not entitled to a reversal of his convictions for this alleged error,
because he introduced this evidence himself through cross-examination of S. V. and
he affirmatively stated that he had no objection when the state sought to introduce the
video recording into evidence.
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Where, as here, no objection is made to the admission of evidence, we may
review a claim only for plain error. Griffin v. State, 309 Ga. 860, 864(2) (849 SE2d
191)(2020). See OCGA § 24-1-103(d). To show plain error, an appellant
must meet each prong of a four-prong test: First, there must be an error
or defect — some sort of deviation from a legal rule — that has not been
intentionally relinquished or abandoned, i.e., affirmatively waived, by the
appellant. Second, the legal error must be clear or obvious, rather than
subject to reasonable dispute. Third, the error must have affected the
appellant’s substantial rights, which in the ordinary case means he must
demonstrate that it affected the outcome of the trial court proceedings.
Fourth and finally, if the above three prongs are satisfied, the appellate
court has the discretion to remedy the error — discretion which ought
to be exercised only if the error seriously affects the fairness, integrity,
or public reputation of judicial proceedings.
Samuels v. State, 323 Ga. 629, 638-39(4)(a) (926 SE2d 648) (2026). This “is a difficult
standard to satisfy.” Id. at 639(4)(a) (quotation marks omitted).
To satisfy the second prong of the test (a demonstration that there was clear and
obvious error) Vega-Renteria argues that the admission of the video recording violated
OCGA §§ 24-4-413 and 24-4-414, which permit, under certain circumstances, the
admission of evidence of other offenses in sexual assault and child molestation cases.
Vega-Renteria argues that S. V.’s statements were not admissible under those statutes
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because her statements regarding the alleged prior offense were too vague and
indefinite to establish by a preponderance of the evidence that any prior crime had
occurred.
The prosecutor did not question S. V. during direct examination about the
statements she made to the forensic interviewer regarding a prior incident involving
her younger sister. But on cross-examination — before the recording of the forensic
interview had even been played for the jury — defense counsel questioned S. V. about
those statements.
A defendant generally cannot complain on appeal about the admission of
evidence that he introduced himself[.] Although we may take notice of
plain errors affecting substantial rights even when an error is not brought
to the attention of the trial court, where invited error exists, it precludes
a court from invoking the plain error rule and reversing.
“When the [s]tate did not introduce evidence of the statement during [S. V.’s] direct
testimony, [Vega-Renteria] had the option to not do so either. ... Instead, he elected
to present that evidence himself. He cannot complain now that the jury heard that
evidence.” Adkins v. State, 301 Ga. 153, 156(2) (800 SE2d 341) (2017) (citation
modified).
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Vega-Renteria is not entitled to reversal for another reason: he affirmatively
waived any error in the admission of the evidence. The forensic interviewer testified
later in the trial, and during her testimony, the prosecutor introduced and played for
the jury the recording of the forensic interview. Prior to the admission of the video
recording, defense counsel informed the court, “I’m not objecting to this exhibit[,]”
and the court “admitted [it] without objection from the defendant.” Vega-Renteria
affirmatively waived any claim of error by stating that he had no objection to the
admission of the recording, so there was no plain error. Adams v. State, 306 Ga. 1, 3(1)
(829 SE2d 126) (2019); McAllister v. State, 351 Ga. App. 76, 88(3) (830 SE2d 443)
(2019).
3. Bolstering
Vega-Renteria argues that the trial court erred by denying his bolstering
objection to L. V.’s testimony that she believed S. V. We disagree.
“OCGA § 24-6-620 says that the credibility of a witness shall be a matter to be
determined by the trier of fact. Under this rule, a witness can never bolster the
credibility of another witness as to whether the witness is telling the truth.” Clifton v.
State, __ Ga. __(7)(a) (__ SE2d __), S26A0716, S26A0795, slip op. at 12-13 (Ga.
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Aug. 13, 2026) (punctuation and quotation marks omitted). However, “where, as
here, testimony is admissible for the purpose of showing the effect on the victim or to
explain the victim’s conduct, the testimony does not constitute improper bolstering.”
Alford v. State, 320 Ga. App. 523, 528(2)(c) (738 SE2d 124) (2013). Accord Futch v.
State, 326 Ga. App. 394, 398 (2) (756 SE2d 629) (2014), overruled on other grounds
by Willis v. State, 304 Ga. 686 (820 SE2d 640) (2018), and White v. State, 305 Ga. 111
(823 SE2d 794) (2019).
As detailed above, L. V. made the statement that Vega-Renteria challenges in
response to a question about why she disclosed her own alleged abuse years after it had
occurred. In other words, the testimony of L. V., the alleged victim in one count of the
indictment, was introduced to explain her own conduct, not to vouch for the
credibility of victim S. V. The trial court did not err by denying Vega-Renteria’s
objection.
Judgment affirmed. P. J. Barnes and P. J. Mercier concur.
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