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Arnold v. State

Admission of statement that did not satisfy the test for admissibility as a prior consistent statement did not rise to the level of reversible error, because it was unlikely that the hearsay contributed to the guilty verdict.

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Following a jury trial, Ricky Arnold appeals from his conviction of aggravated child molestation,1 attempted aggravated child molestation,2 child molestation,3 and aggravated sexual battery,4 contending that 1 the evidence was insufficient as to certain counts, 2 the trial court erroneously denied his special demurrer to the indictment, 3 the trial court erred by admitting a prior consistent statement of a witness, 4 the trial court erroneously admitted bad character evidence, 5 the State misstated the evidence in a question on cross-examination, 6 the jury was improperly charged as to the form of its verdict, and 7 the trial court’s charge on “mere presence” improperly expressed the court’s opinion on the evidence. For the reasons that follow, we affirm. Construed in favor of the verdict,5 the evidence shows that Arnold periodically entered his step-daughter’s bedroom late at night and fondled her breasts and vagina, performed oral sex on her, and attempted to force her to perform oral sex on him. The abuse occurred over the two- to three-year period leading up to the sixteenth birthday of the victim, A. M., and it stopped shortly thereafter in August 2005, when A. M.’s mother discovered Arnold by A. M.’s bed with his underwear down.6

In a six-count indictment, Arnold was accused of crimes based on the abuse, and a jury found him guilty of four of the counts.7 Following the denial of his motion for new trial, Arnold appeals.

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