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Eubanks v. State

Under the New Evidence Code, the trial court's instruction to the jury that it could consider the evidence of the defendant's prior act of child molestation to show a "disposition to commit the act of child molestation" was a correct statement of law and presented no basis for reversal.

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Following his conviction for child molestation,1 Roy Lucius Eubanks appeals from the denial of his motion for new trial. He contends that 1 the trial court erred by admitting evidence of a prior act of molestation because the probative value was substantially outweighed by its unfairly prejudicial effect, 2 the trial court erroneously charged the jury regarding the prior bad act evidence, and 3 the evidence was insufficient to prove intent. Finding no error, 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.”2 So viewed, the evidence shows that 11-year-old M. T.’s family began living with Eubanks, a relative. One night, Eubanks invited M. T. and her two younger siblings to sleep in his bedroom while he slept in the living room. As M. T. was falling asleep, she felt Eubanks penetrate her vagina with his finger. Despite M. T.’s protest, Eubanks did not stop until M. T.’s step-father happened to emerge from a nearby bedroom. At that point, Eubanks left his bedroom and resumed watching television in the living room.

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