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Mullis v. State

Evidence of the defendant's sexual abuse of other young children, regardless of the sex of the victims or the type of acts perpetrated upon them, is sufficiently similar to an aggravated child molestation charge to be admissible as similar transaction evidence.

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Michael Mullis was convicted of aggravated child molestation. On appeal, he contends that the court committed errors in connection with evidence of similar transactions that the court allowed into evidence. In the case on trial, Mullis was charged with aggravated child molestation for “performing a sexual act involving the sex organ of the accused and the mouth of another person, to-wit: D. J., being a minor under the age of sixteen 16 years of age, with the intent to arouse and satisfy the sexual desires of the accused. . . .” At trial, the evidence showed that Mullis forced the three-or-four-year-old child to place his penis in the child’s mouth. Mullis was the father of the child’s half brother.

Two months prior to trial, the State filed a notice of intent to proffer evidence of similar transactions involving N. M. and A. W. Just prior to trial, following a hearing on the matter, the trial court held that the similar transaction evidence was admissible.

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