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Barrett v. State

Evidence that defendant's ex-wife refused his frequent requests to engage in anal intercourse during the period of time that he was molesting his minor stepson was admissible to show defendant's state of mind or motive in engaging in anal intercourse with the victim.

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Mickey Barrett was tried by a jury and convicted on multiple counts of child molestation, aggravated child molestation, and aggravated sodomy. He enumerates three errors.

Evidence at trial showed that for several years, Barrett engaged in numerous sexual acts with his then wife’s young son his stepson, including fondling, masturbation, oral sex, and one episode of anal sex. The State also introduced his ex-wife’s testimony that Barrett repeatedly requested that she engage in anal intercourse with him, which with one exception she refused to do. He made these requests at least twice weekly for several years during the same period of time that he was molesting the boy.

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