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Published by the Indiana Office of Court Services

Williams v. State, No. 67A01-1302-CR-87, __ N.E.2d __ (Ind. Ct. App., Nov. 13, 2013).

November 15, 2013 Filed Under: Criminal Tagged With: Appeals, P. Mathias

Mathias, J.
Williams was convicted of incest based on evidence that he had sexual intercourse with his daughter during the period between January 1, 2010 and January 19, 2012. He was also convicted of Class A felony child molesting based on evidence that he had sexual intercourse with his daughter during the period between January 1, 2010 and January 20, 2012. Williams notes that, at trial, the State did not introduce any separate evidence to distinguish its proof of child molesting from its proof of incest. Nor did the State identify any separate acts of intercourse to support the incest conviction. Williams therefore claims that there was a reasonable possibility that the jury relied on the same evidence to convict him of both child molesting and incest.
. . . .
Here, however, the State did present evidence of numerous, repeated acts of molestation that took place over a period of years, up to five times per week when K.W. was with her father. If the jury credited K.W.’s testimony, which it obviously did, then there were numerous acts of sexual intercourse, any one of which could support a conviction for incest or child molesting. Given these numerous instances of child molesting, we do not think that there was a reasonable possibility that the jury used the same instance of sexual intercourse to support Williams’s conviction for incest and his convictions for Class A felony child molesting.
NAJAM, J., and BROWN, J., concur.

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