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Walker v. State

The state introduced DNA evidence corroborating the 13-year-old child molestation victim's testimony regarding the defendant's actions.

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A jury convicted Michael Walker of child molestation arising from his contact with his girlfriend’s thirteen-year-old babysitter. Walker now appeals on the grounds that the evidence was insufficient, that the trial court erred when it denied his motion to suppress a statement and DNA evidence obtained after his arrest, and that the trial court should have delivered his requested charges on sexual battery and DNA testing. We find no error and affirm. On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, with the defendant no longer enjoying a presumption of innocence.1 We neither weigh the evidence nor judge the credibility of witnesses, but determine only whether the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt.2

So viewed, the record shows that Walker, who was the father of four of his estranged girlfriend’s six children, entered the girlfriend’s apartment while she was away and forced the babysitter, who was thirteen years old at the time, to kiss him. Walker then pulled at her clothes, placed his mouth on her breasts and vagina, and penetrated her vagina with his penis. When the girlfriend returned, the victim told her what had happened, and a search began. Walker was arrested soon thereafter and charged with rape, child molestation, and burglary.

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