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Barnes v. State

The trial court reversibly erred in failing to give the whole requested pattern jury charge on a defendant's choice not to testify in his own defense and in failing to charge the jury that it could not consider the defendant's choice not to testify in any way in reaching its verdict.

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Anthony Barnes appeals the denial of his motion for new trial after a jury convicted him of statutory rape, enticing a child for indecent purposes, child molestation, and contributing to the delinquency of a minor.

Viewed in the light most favorable to the verdict,1 the evidence shows that on the evening of September 10, 2012, the 13-year-old victim, V. K., argued with her mother. Later, V. K., who was still angry, wrote her mother a note, left the house, and ran to a friend’s house. After visiting another friend’s house, V. K. began to walk back home some time around midnight. On her way home, V. K. went to a gas station where she heard a man ask where she was going. When V. K. replied, nowhere, the man invited her to go with him and she agreed. V. K. described this man as dark-skinned with facial hair and a hat, and she later picked a picture of Barnes from a photographic lineup as the man she met that night.

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