Fortner v. State

Charles Quinnon Fortner was convicted for the first degree sodomy of his five-year-old stepson and was sentenced to 25 years' imprisonment. He raises four issues on this appeal from that conviction.

I

The defendant was charged in a four-count indictment with: I — Child abuse as the result of committing sexual abuse in the first degree; II — Child abuse as the result of committing sodomy in the first degree; III — Sexual abuse in the first degree; and IV — Sodomy in the first degree.

At the close of the State's case, defense counsel moved for a judgment of acquittal "based on the State not making…