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Jones v. State

Separate facts supported the defendant's convictions for incest by committing sodomy on his niece and his conviction for the statutory rape of the same victim, and those convictions therefore did not merge.

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Following the denial of his motion for new trial, Anthony Jones appeals his conviction for three counts of aggravated child molestation, two counts of aggravated sexual battery, three counts of incest, two counts of child molestation, and one count of statutory rape. Jones contends that the evidence was insufficient to sustain the conviction and, in particular, to establish incest during the date range alleged in the indictment, and that the trial court erred in failing to merge certain convictions into others. For the reasons that follow, we affirm the convictions but vacate the sentences on two of the three incest counts and remand the case for resentencing.

On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict and the defendant is no longer entitled to a presumption of innocence. Jackson v. Virginia, 443 U. S. 307 99 SCt 2781, 61 LE2d 560 1979. So viewed, the record shows that in August 2007, ten-year-old J.A. and her two brothers came to live with their biological aunt and her husband, Jones. J.A.’s mother had recently passed away and her father had been imprisoned for molesting her when she was four.

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