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Haynes v. State

Defendant's convictions for child molestation and sexual battery did not merge as a matter of fact, because the state proved the child molestation through the separate act of touching the victim's stomach.

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Christopher Jarrod Haynes appeals following his conviction by a jury of one count of child molestation and one count of sexual battery.1 Construed in favor of the verdict, the evidence at trial showed that on July 10, 2007, the 15-year-old victim was home alone at her family’s new apartment. Because the phone was not yet connected, the victim walked to the apartment’s courtyard area to look for her friend, Justin, to borrow his phone. As the victim was talking to Justin, 21-year-old Haynes arrived and began a conversation with the victim After a couple of hours, the victim stated that she was going back to her apartment to use the computer. Haynes asked if he could come along and use her computer because his was not working.

The two entered the victim’s apartment, and after they both used the computer, Haynes began talking to the victim about having sex. He asked her if she had a condom because he was “horny” and said he was going to have intercourse with her. The victim replied that she did not have a condom, she had a boyfriend, she did not want to have sex, and “plus it’s illegal.” Nevertheless, Haynes moved away from the computer, closed and locked the window, closed the blinds and made sure the door was locked. As he did so, the victim noticed that he had a knife wrapped in a bandanna sticking out of his pants pocket.

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