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RAINEY v. STATE

No. A03A0517.

584 S.E.2d 13 (2003)

261 Ga. App. 888

RAINEY v. The STATE.

Court of Appeals of Georgia.

Reconsideration denied June 25, 2003.

Certiorari Denied October 20, 2003.

Attorney(s) appearing for the Case

Michael R. McCarthy, Dalton, for appellant.

Kermit N. McManus, Dist. Atty., Stephen E. Spencer, Asst. Dist. Atty., for appellee.

ADAMS, Judge.

The crime of child molestation requires that the indecent or immoral act be done "in the presence of" someone under the age of 16. James Frank Rainey was convicted of child molestation because a 15-year-old girl, who was somewhere between 100 and 200 feet away, saw him in the window of his own home, nude from the waist down, appearing to masturbate. On appeal of his conviction and 20-year sentence, he contends that the evidence was insufficient to support...

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