Kenny Stewart v. State of Mississippi

GRIFFIS, P.J.,

FOR THE COURT:

¶ 1. Kenny Stewart appeals his conviction of sexual battery and molestation; Based on the facts of this case, we find molestation is a lesser-included offense of and merges with sexual battery. Therefore, we affirm in part, and reverse and render in part.

FACTS AND PROCEDURAL HISTORY

¶2. On August 2, 2013, Monica Lewis went to work and left her children at home with Stewart, her boyfriend. Shortly after she arrived at work, Lewis noticed a stain on her clothes and returned home to change.. When she got home, Lewis realized her nine-year-old daughter, M.L., was not in…