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Jones v. State

Only full-time sworn police officers with arrest powers are subject to dismissal from the jury venire for cause.

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Following a jury trial, Stanley Jones appeals his conviction on seven counts of sexual battery1 and on single counts of aggravated sexual battery2 and child molestation.3 He contends that the trial court erred in denying his motion for new trial which was based on a claim of ineffective assistance of counsel and in giving a misworded jury charge on prior consistent statements. We hold that evidence supported the trial court’s findings underlying its conclusion that Jones failed to carry his burden of showing ineffective assistance of counsel, and that the jury charge was harmless. Accordingly, we affirm. Construed in favor of the verdict, Short v. State ,4 the evidence shows that in late January 2005, Jones intentionally but surreptitiously placed his hand on the genital area, buttocks, or breasts of three of his teenage daughter’s female friends all 16 or 17 years of age while they were staying overnight with his daughter at his home, each time without the young girl’s consent. Sometimes the touching was on the outside of clothing, while other times it was under the clothing. With regard to one of these young girls, he repeatedly inserted his fingers into her vagina while she lay in bed. To escape further molestation, the three emotionally-upset girls left the home in the middle of the night in two vehicles and ended up meeting with police, during which time they disclosed Jones’s behavior to police. A nurse examined the girl who claimed digital penetration and found evidence of blunt force trauma to the girl’s cervix. Jones was arrested the following morning.

Following the public disclosure of Jones’s arrest, another young girl came forward and revealed that Jones had touched her genital area when as a 15-year-old she had been staying overnight with Jones’s daughter in May 2002. A second young girl also came forward with similar claims of Jones’s molesting her as a 15-year-old in Jones’s home in January 2003.

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