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Royal v. State

Evidence of similar transactions in which the defendant engaged in inappropriate sexual conduct with two minor children, including his own daughter, was admissible to show his motive, intent, bent of mind, course of conduct, and lustful disposition in his child molestation and child cruelty trial.

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James Royal was convicted of committing against his girlfriend’s niece, T. H., the offenses of: i child molestation, for kissing the child and touching her breast area; ii aggravated child molestation, for touching the child’s vaginal area and thereby causing her physical injury; and iii first degree cruelty to children, for molesting said child and threatening to have the child placed in a foster home if she disclosed the sexual abuse he was inflicting upon her.1 Royal challenges the sufficiency of the evidence and the admission of similar transaction evidence. We affirm.

At trial, the state showed the following. The incident underlying Royal’s convictions occurred on May 13, 2008. Thirteen-year-old T. H., along with her minor siblings, were living with their aunt, Royal’s girlfriend, because their mother had demonstrated irresponsible parenting and mental limitations. Their aunt shared a home with Royal, the couple’s 11-year-old son, and their younger daughter.

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