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Lucas v. State

The defendant was not entitled to a charge on the lesser offense of sexual battery, since he denied having any sexual contact with the victim.

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A jury found Armario Marnez Lucas guilty of aggravated child molestation. Lucas appeals, alleging the evidence was insufficient to support the jury’s verdict and that the trial court erred in failing to require the testimony of a witness to his pre-trial statement and in denying his request to charge the jury as to the lesser included offense of sexual battery. We find no error and affirm Lucas’ conviction. On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, with the defendant no longer enjoying a presumption of innocence.1 We neither weigh the evidence nor judge the credibility of witnesses, but determine only whether the evidence was sufficient for a rational trier of fact to find the defendant guilty beyond a reasonable doubt of the charged offense.2

So viewed, the evidence shows that on April 30, 2005, the eleven-year-old victim was spending the weekend at the home of her aunt in Vienna. The victim awoke to find her cousin, Lucas, who was 18 years old, touching her under her clothes. Lucas pulled down the victim’s pants, pushed her to the floor, and got on top of her. The victim said that Lucas then put his “private part” on her so that it hurt “in her bottom.” After Lucas got up, the victim ran to the bathroom and noticed “white stuff” in the toilet after she had used it.

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