A jury found Robert Alvin Parker guilty of two counts of aggravated child molestation1 and five counts of child molestation,2 and the trial court denied his motion for new trial. Parker appeals, arguing that portions of the trial court’s jury charge were misleading. For the reasons set forth below, we affirm. Viewed in a light most favorable to the verdict,3 the record shows that Parker began living with his fiancee and her daughter, M. N., when the child was ten years old.4 M. N. testified at trial that Parker touched her breast and vagina with his hand, and he forced her to touch his penis with her hand and mouth. Parker also put his penis in M. N.’s vagina, kissed her on the mouth, and pinched her nipple. The State charged Parker with two counts of aggravated child molestation and five counts of child molestation, and the jury found him guilty of all seven charges.5 He filed a motion for new trial, which was denied, and this appeal followed.
In his sole enumeration of error, Parker contends that his conviction should be reversed because portions of the trial court’s jury charge were confusing. After the defense rested, the trial court charged the jury that “the defendant has pled not guilty. By that plea, he contends he is guilty of nothing and is therefore entitled to an acquittal at your hand.” Then, while explaining the verdict form, the trial court instructed the jury as follows: If upon your consideration of Count No. 1 in this indictment charging this defendant with aggravated child molestation, you find and believe beyond a reasonable doubt that this defendant did commit the offense of aggravated child molestation that is set out in Count No. 1 as I have defined it to you, you would be authorized to find the defendant guilty of Count No. 1. The form of that verdict would be: We the jury find the defendant guilty of Count No. 1, aggravated child molestation. On the other hand, ladies and gentlemen, if you do not believe this defendant to be guilty of Count No. 1 or if you have a reasonable doubt as to his guilt, it would be your duty to give him the benefit of doubt and acquit him of Count No. 1. In such case, the form of your verdict would be: We the jury find the defendant not guilty of Count No. 1, aggravated child molestation. The form of your verdict and the manner in which you would arrive on Counts 2 through 7 is exactly as I have just given you on charge in Count No. 1. And as I have stated, I have prepared a verdict form for your use if you care to use it. The trial court also instructed the jury that: “Whatever your verdict you make sic, ladies and gentlemen, must be unanimous. . . .”
