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Rosser v. State

The defendant pulled up the 13-year-old victim's shirt, touched her breast, pulled her shorts down and tried to penetrate her.

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On April 7, 1998, a Meriwether County jury convicted Appellant Render Lee Rosser of two counts of child molestation. Rosser appeals from the denial of his motion for new trial,1 alleging insufficiency of the evidence to support his conviction and ineffective assistance of counsel. We affirm the trial court’s decision as to the sufficiency of the evidence; however, we vacate the decision as to the ineffective assistance of counsel claim and remand the case for an evidentiary hearing on that issue. Viewed in the light most favorable to the verdict, the evidence shows that on July 21, 1997, the female victim, T.B., was 13 years old and was at home alone babysitting her younger brother and sister. Rosser, an acquaintance of T.B.’s stepfather, entered the residence and asked T.B. whether her stepfather, mother, and older brother were present. T.B. responded that they were not. Rosser left, but returned five minutes later. He gave T.B.’s younger siblings a dollar and told them to go to the store.

After the younger siblings departed, Rosser sat on the sofa next to T.B., pulled up her shirt and touched her breasts. T.B. then tried to ward off Rosser’s attack by hitting him with a telephone. She got up from the sofa and ran to the kitchen where Rosser pursued her. T.B. then tried to run out of the house, but Rosser pulled her back inside, after which he held her by the waist, pulled her shorts down, and touched her vagina. T.B. began screaming and struggling with Rosser. Rosser nevertheless managed to pull down his pants and then took out his erect penis, and tried to penetrate T.B.

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