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Kendrick v. State

The child molestation victim's pregnancy and delivery sufficiently demonstrated "physical injury" supporting the defendant's aggravated child molestation conviction.

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In a jury trial, Stephen Kendrick was found guilty of aggravated child molestation,1 statutory rape,2 child molestation,3 contribution to the delinquency of a minor,4 and criminal trespass.5 He appeals from the denial of his motion for new trial, challenging the sufficiency of the evidence as to the aggravated child molestation count on the ground that there was no physical injury to the victim. For the reasons that follow, we affirm.

“On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict and an appellant no longer enjoys the presumption of innocence.”6 So viewed, the record shows that Kendrick, a 32-year-old man, approached the victim’s father at a gas station seeking a ride. Kendrick then explained that he had nowhere to go, and the father allowed Kendrick to work at his store and stay in the basement of his home, where he lived with his wife and children, including his 13-year-old daughter, L. F. After Kendrick appeared to grow closer to L. F., the father asked Kendrick to leave. A few weeks later, L. F. ran away from her home and stayed with Kendrick at his sister’s or an apartment. Kendrick had intercourse with L. F., and they later learned that she was pregnant after L. F. was located by police, and her mother took her to the hospital for an evaluation. L. F. carried the baby to term and delivered a healthy boy.

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