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Stanley v. State

The court properly charged the jury on DNA evidence.

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Following a jury trial, Terry Marcus Stanley was convicted of child molestation. On appeal, Stanley contends that the trial court’s charge to the jury on DNA evidence was incomplete and prejudicial as a matter of law. We disagree and affirm. Viewed in the light most favorable to the jury’s verdict,1 the evidence adduced at trial showed that the five-year-old victim, Stanley’s niece, stayed with him from December 25, 1996 through January 1, 1997. On the evening that she returned home, the victim screamed in pain when her mother asked her to sit in the water during her bath. The victim then told her mother that Stanley “had been touching her and doing things to her” during her visit with him.

The victim’s mother immediately took her to the hospital, where a rape kit was performed and the victim’s underpants were collected for forensic testing. The victim disclosed in interviews with law enforcement that she had been sexually molested by Stanley. The subsequent serology test revealed that the victim’s underpants tested positive for spermatozoa.

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