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Try CasePortal for FreeJ. McFadden finds that the trial court properly convicted defendant of child molestation and correctly denied defendant's motion for a new trial. Sufficient evidence was presented to support defendant's conviction. Defendant failed to reserve his objection to the trial court's refusal to instruct the jury on rape as a lesser-included offense of child molestation. Under the law in effect at the time of his 2005 trial, defendant waived the right to assert that the trial court's decision was an error. Affirmed.
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