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Pendleton v. State

The defendant knowingly and voluntarily decided to speak with officers, even though he knew he was under arrest, and he knew and understood that the officers were questioning him about serious molestation allegations.

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Following a trial by jury, Brandon Deon Pendleton was convicted on four counts of aggravated child molestation. On appeal, Pendleton contends that the trial court erred by denying a motion to suppress a custodial statement to law enforcement and that the evidence was insufficient to sustain his convictions. For the reasons set forth infra, we affirm Pendleton’s convictions.

Viewed in the light most favorable to the verdict,1 the record reflects that Pendleton was a foster child who moved in with the victim’s family so that he could remain in the same high school after his prior foster family moved to another county. Thus, in the spring of 2008, when Pendleton was 18, he moved in with his new family, with whom he had become acquainted because they lived in the same neighborhood.

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