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Donaldson v. State

The victim's statement to police and her trial testimony authorized the jury to find that the defendant penetrated her vagina with his fingernail and penis.

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Raymond Donaldson was convicted of aggravated child molestation and aggravated sexual battery based on charges that he fondled his niece’s vaginal area and penetrated her vagina. The allegations against Donaldson were proven through testimony given by the victim and her mother, as well as the videotape of a pretrial statement by the victim to police. Donaldson’s initial appeal to this court was dismissed because of his trial lawyer’s failure to timely file a brief. On remand, a new attorney appointed to represent Donaldson obtained permission from the trial court to pursue this out-of-time appeal of his convictions. Donaldson challenges the sufficiency of the evidence and the court’s refusal to clear the courtroom during the victim’s testimony, and he claims his trial counsel was ineffective. We find no error and affirm.

1. Donaldson charges his trial lawyer with ineffective assistance in, among other things, failing to object to the admission of hearsay statements in the victim’s videotaped police interview relating to allegations that Donaldson molested another child.

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