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Sands v. State

The trial court did not err in admitting evidence of two similar incidents involving the defendant's inappropriate and sexually charged touching of young women as similar transactions in his trial for child molestation and simple battery.

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A jury found James Sands, Jr., guilty of two counts of child molestation and one count of simple battery. In his sole enumeration of error on appeal, Sands contends that the trial court abused its discretion in admitting similar transaction evidence. Finding no abuse of discretion, we affirm. Viewed favorably to the verdict,1 the evidence shows that in late 2004 or early 2005, Sands —who was approximately 41 years old at the time —approached 15-year-old S. B. while she was seated in a gym, waiting for her father. Sands sat down next to the girl, asked what Santa had brought her for Christmas, and began rubbing his hand inside her pants leg. S. B. moved her leg away, and Sands told her that she needed to shave. According to S. B., she delayed telling her father what transpired because she was “scared.” Sands was charged with simple battery as a result of this incident.

In the summer of 2005, 12-year-old A. W. spent the night at Sands’ house with Sands’ daughter. A. W. testified that she and Sands’ daughter were watching television with Sands when the daughter fell asleep. Sands sent his daughter to bed, but told A. W. that she “wasn’t going anywhere.” Sands began kissing A. W. and placed her hands inside his pants, requiring her to touch his penis and moving A. W.’s “hand back and forth.” He then stuck his penis inside A. W.’s vagina, hurting the child. He told A. W. that “if she told anybody he would kill her.” A. W. called her mother, claiming that she did not feel well and asking to come home.

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