Following a jury trial, John Darrell Anderson was convicted of one count each of aggravated child molestation,1 attempted aggravated sodomy,2 statutory rape,3 kidnapping,4 and enticing a child for indecent purposes.5 He appeals his convictions and the denial of his motion for new trial, 1 challenging the sufficiency of the evidence and contending that the trial court erred in 2 improperly charging the jury as to aggravated child molestation and 3 denying his claims of ineffective assistance of counsel. For the reasons set forth below, we affirm. 1. We first address Anderson’s contention that the evidence was insufficient to support his conviction. “On appeal from a criminal conviction, the evidence must be construed in a light most favorable to the verdict, and Anderson no longer enjoys a presumption of innocence.” Berry v. State .6 When evaluating the sufficiency of the evidence to support a conviction, 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. Jackson v. Virginia .7
So viewed, the record shows that in early November 1997, then seven-year-old C.J. informed her mother that Anderson, a friend of her mother’s who had been living with them for the past several months, had inappropriately touched her. However, when her mother became upset and began questioning her further, C.J. recanted the accusation. Confused and still upset, C.J.’s mother had her sister-in-law C.J.’s aunt, who lived in the same mobile home park and often took care of C.J., take C.J. to stay with her that night. The next morning, the aunt asked C.J. to tell her the truth about whether Anderson had touched her. C.J. responded that he had, and more specifically that Anderson had put his privates inside her privates and had also tried to put his privates in her behind. The aunt then told C.J.’s mother what had happened and suggested that C.J. be taken to the hospital for an examination. The following day, C.J.’s mother took her to the hospital where she was examined by a nurse practitioner who found evidence consistent with sexual molestation.
