Morales v. State

McMurray, Presiding Judge.

Defendant was indicted for child molestation (Count 1) and sexual battery (Count 2). The evidence adduced at a jury trial reveals that defendant, the 13-year-old victim’s stepfather, entered the child’s bedroom at about 2:00 in the morning; that defendant then placed his hand between the victim’s legs and in the area of the child’s genitals and that defendant fled when the child called out for her mother.

Defendant was found guilty of child molestation and not guilty of sexual battery. This appeal followed an order granting defendant’s *415motion for out-of-time appeal.…