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John Wade was indicted for child molestation, first degree cruelty to children, and aggravated sexual battery. A jury convicted him of child molestation and cruelty to children, but found him not guilty on the aggravated sexual battery charge. The trial court sentenced him to concurrent sentences of 20 years, to serve seven in prison. Wade appeals, alleging that insufficient evidence supports the convictions. Wade also asserts that the trial court erred in charging the entire cruelty to children statute after the prosecutor announced during Wade’s directed verdict motion that she was proceeding under only the mental cruelty portion of the indictment. Finding no reversible error, we affirm.

1. Construed to support the verdict, the evidence revealed that the victim and her brother were spending the night with Wade and his wife, who are the parents of their stepfather. The victim, who was ten at the time, testified that she was asleep on the sofa when she woke to discover Wade’s hand on her vagina underneath her underwear. He moved his fingers up and down and inserted a finger into her, which she said “kind of hurt.” When she told him to stop, he got up and went away, but then he came back and began touching her vagina. The victim started crying, got up, and went into her step-grandmother’s bedroom to wake her and tell her what happened. The victim then locked herself into the bathroom because she was afraid that Wade might hurt her. Then her step-grandmother took her and her brother home to her mother.

 
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