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Allen v. State

The trial court properly instructed the jury that defendant's mistaken belief that the child molestation victim was over 16 years old was irrelevant and no defense.

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Calvin Allen was convicted of child molestation and enticing a child for indecent purposes. Allen appeals, raising two enumerations of error. First, he asserts that the trial court erroneously instructed the jury that statements the victim made to him regarding her age were irrelevant. We find that in the context of the court’s instruction, it was a correct statement of the law and did not mislead the jury. Second, he asserts that similar transaction evidence was erroneously admitted because the State did not announce a purpose for the evidence in its notice of intent to present such evidence. We find that Allen has failed to show that he was prejudiced by the State’s failure to include a statement of purpose in its notice. For these reasons, we affirm Allen’s convictions.

On December 13, 1997, the victim, V. S., went to the home of a friend, T. G., to get her hair done. V. S. was fourteen years of age, and T. G. was fifteen. Allen, the 25-year-old boyfriend of T. G.’s mother, was at T. G.’s home while V. S. was there. After V. S. got her hair done, Allen took her and T. G. to visit friends and to a mall. Later, under the guise of giving V. S. a ride home, Allen drove her down a dirt road and attempted to have sexual intercourse with her.

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