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Harrison v. State

The defendant had forcible sexual intercourse with his 12-year-old daughter.

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A jury found Robert Lee Harrison guilty of rape, incest, child molestation, and cruelty to children. He appeals from the convictions, contending that he received ineffective assistance of counsel and that the evidence was insufficient to support the verdict. Finding no error, we affirm. “On appeal from a criminal conviction, the evidence must be construed in a light most favorable to the verdict, and Harrison no longer enjoys a presumption of innocence.”1 We do not weigh the evidence or determine witness credibility, but only determine whether a rational trier of fact could have found the defendant guilty of the charged offenses beyond a reasonable doubt.2

So viewed, the record shows that in 2005, the victim, then a twelve-year-old child, lived at home with her mother and Harrison, who is her father. On the evening of January 4, 2005, the victim and Harrison were each in their respective bedrooms when Harrison entered the victim’s room and instructed her to remove her clothes. When she refused, he took off her clothes and forcibly had sexual intercourse with her. After Harrison went back into his own bedroom, the victim reported the incident to a friend, and the friend’s father notified the police.

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