Ogletree v. State

Randall Floyd Ogletree was indicted for committing six sexual offenses against his seven-year-old granddaughter, K. O.; a six-year-old girl, C. B., whose father lived next door to him; and a mentally disabled seventeen-year-old female, D. C, who also lived next door to him. Specifically, the indictment alleged that Ogletree had committed against K. O.: i child molestation, by placing his hand on the child’s vaginal area; ii child molestation, by showing the child photographs depicting nude persons and persons performing sexual acts; and iii enticing a child for indecent purposes, by soliciting and taking the child to a building for the purpose of child molestation and indecent acts. The indictment alleged that Ogletree had committed against C. B.: iv child molestation, by showing her photographs depicting nude persons and persons performing sexual acts; and v enticing a child for indecent purposes, by soliciting and taking her to a wooded area for the purpose of child molestation and indecent acts. The sixth count of the indictment charged Ogletree with committing sexual battery against D. C., by making physical contact with her breasts. Ogletree was convicted as charged. On appeal, he contends that the trial court erred by denying his motion for a directed verdict of acquittal on the sexual battery count, by failing to instruct the jury on the defense of accident, and by denying his motion for mistrial. We affirm.

The state’s evidence showed the following. At the time in question, Ogletree and his wife lived next door to his son and his son’s family, which included seven-year-old K. O. K. O.’s mother testified that, on April 11, 2011, K. O. told her that her grandfather Ogletree had been showing her books with pictures of naked people and that he kept the books in the “barn” in his backyard. The child also told her mother that, on one occasion when her grandfather had taken her riding on a four-wheeler to what the child called a “tree house,” Ogletree unzipped his pants and told her to look at him. The child told her mother further that her grandfather had told her not to tell anyone about those instances because, if she did, he would be in trouble.