Martin v. State

The trial court did not err in instructing the jury that it could disregard the specific date alleged in the indictment, since no evidence showed that the offense was committed at a substantially different time from that alleged in the indictment.

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Eddie Davis Martin appeals from the judgment entered after a jury convicted him of aggravated sexual battery, aggravated child molestation, and three counts of child molestation. Martin contends that he was denied effective assistance of counsel, that the prosecutor made impermissible comments during closing argument, that the trial court erred in its response to a question from the jury, and that the trial court also erred in allowing the State to introduce similar transaction evidence. After reviewing the record, we conclude there was no error and affirm. The evidence at trial, taken in the light most favorable to the verdict, was that Martin began a relationship with the 12-year-old victim after meeting her at a restaurant. Martin was 21 at the time and the victim’s father had told him that the victim was only 12 years of age and he should leave her alone.

Nevertheless, Martin began sneaking into the victim’s bedroom at night through a window. The victim testified that at first they would just talk, but as the visits went on there was more and more sexual touching. One night the victim became uncomfortable and told Martin to leave. The next time Martin called and asked if he could come over, the victim told him “no.” The victim testified that later that night she woke up and Martin was in bed with her and forced her to have sexual intercourse with him. Before Martin left, he told the victim that if she told anyone, he would kill her.

Martin v. State

The trial court did not err in instructing the jury that it could disregard the specific date alleged in the indictment, since no evidence showed that the offense was committed at a substantially different time from that alleged in the indictment.

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