Garmon v. State

Banke, Presiding Judge.

The appellant was convicted of burglary and criminal attempt to commit child molestation. On appeal, he contends that he was entitled to a directed verdict of acquittal on both charges.

The victim, who was 12 years old at the time of the incident, testified that she awoke in the middle of the night to find the appellant, completely undressed, sitting next to her on her bed. She stated that she persuaded the appellant she had to use the bathroom, whereupon he moved aside to allow her to leave but remained seated on the bed with one hand “covering” his genitals. After the…