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Reed v. State

Defendant's filing a motion for new trial extended the trial court's authority to modify his sentence after expiration of the term of court in which the original sentence was entered.

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Eric Reed was convicted of aggravated child molestation, child molestation, rape, and burglary.1 On appeal, he challenges the sufficiency of the evidence. He also contends that the trial court erred in resentencing him after his motion for new trial. For reasons that follow, we affirm.

The record reveals that in the early fall of 1994, eleven-year-old Lakeshia Heard was asleep in bed when she was awakened by someone patting her leg and telling her to turn over. She woke up and saw Reed standing in front of her with his pants down. Reed attempted to force Lakeshia to sodomize him, but she resisted. According to Lakeshia, he then stuck his penis in her vagina and he placed his mouth on her vagina. Lakeshia testified that he threatened to kill her if she told anyone.

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