Bales v. State

Andrews, Judge.

Bales was charged with and initially convicted of four counts of child molestation involving his three-year-old daughter.

Because he was on probation for another unrelated crime at the time of the commission of the acts, they were also used as the basis for revoking his probation. This hearing was held first and the judge, based on the preponderance of evidence standard, found that three acts (indicted as Counts 1, 2, and 3) were proven but did not so conclude regarding the act forming the basis of Count 4.

Thereafter, the same judge, sitting without a jury, made his…