Seidel v. State

Cooper, Judge.

Appellant was indicted on three counts — rape, sodomy and child molestation. The rape and sodomy counts involved one victim and the child molestation count involved a second victim. Appellant was acquitted of the rape charge, and was convicted by a jury of sodomy and child molestation. Appellant’s motion for an out-of-time appeal was granted, and this appeal followed.

As to the first two counts, the victim at trial testified that she was a friend of appellant’s daughter, and in July 1986, when she was 14 years old, she spent the night with her friend at appellant’s home.…