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McGhee v. State

The victim testified that the defendant began molesting her when she was 11 or 12 years old.

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Chris McGhee was charged with aggravated sexual battery, aggravated child molestation, and four counts of child molestation. Following a jury trial, McGhee was convicted of aggravated sexual battery and four counts of child molestation, but the jury was unable to reach a verdict on the aggravated child molestation charge. On appeal, McGhee challenges the sufficiency of the evidence. McGhee also contends that he received ineffective assistance of counsel. For reasons that follow, we affirm. 1. Following his convictions for aggravated sexual battery and child molestation, McGhee no longer enjoys a presumption of innocence, and we view the evidence in a light most favorable to upholding the jury’s verdict.1 In so doing, we neither weigh the evidence nor assess witness credibility, but merely determine whether “the evidence . . . is sufficient to enable a rational trier of fact to find all the essential elements of the crime charged beyond a reasonable doubt.”2

Viewed in this light, the evidence shows that McGhee dated the victim’s mother for several years. According to the victim, McGhee began molesting her when she was 11 or 12 years old. McGhee began by making the victim sit on his lap in such a manner that she could feel his penis. The acts escalated, as McGhee started fondling the victim’s chest and vagina. On one occasion, McGhee penetrated the victim’s vagina with his fingers. The victim also testified that, on several occasions, McGhee put his mouth on her vagina, and, on at least one occasion, he rubbed his penis between her legs.

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