Fey v. State

To prove a battery, the State must demonstrate an intentional touching. George Fey was convicted of one count of burglary with an assault or battery and lewd or lascivious conduct. At trial, the State asserted that in order to achieve sexual gratification, he positioned himself to be touched by the victims’ feet when the victim moved in their sleep. We find Fey’s actions were substantially certain to result in a touching and thus constitute an intentional touching. We also hold Fey’s challenge to the trial court’s granting of the State’s Williams rule motion without first holding a hearing…