Judice v. State
707 S.E.2d 114
| Ga. Ct. App. | 2011Background
- Judice, age 19, and a friend were with 14-year-old S.W. at her grandparents’ home on Jan. 7, 2007.
- The trio allegedly used Xanax before the incident.
- Judice allegedly kissed S.W., positioned himself between her legs, and thrust while she lay on the bed.
- S.W.’s grandfather entered the room, observed Judice between S.W.’s legs, and Judice attempted to pull up his pants.
- Judice was indicted on statutory rape and child-molestation; trial evidence included grandfather’s testimony and police investigations.
- The jury convicted Judice of attempted statutory rape (as a lesser‑included offense) and child molestation; a motion for new trial was denied; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of directed verdict on statutory rape was proper | Judice argues insufficiency to prove intercourse | State contends lesser‑included offense supports conviction | Moot: verdict was for attempted statutory rape, not statutory rape. |
| Whether evidence supported child-molestation conviction | Judice claims no kiss or intercourse proven as charged | State showed kissing and thrusting between legs with intent to arouse | Evidence sufficient; conviction upheld. |
| Whether trial court erred by instructing on attempted statutory rape | Indictment did not charge attempt | OCGA allows conviction for attempt without explicit indictment charge; instruction tailored to indictment and evidence | Correct jury instruction on attempted statutory rape. |
Key Cases Cited
- Johnson v. State, 246 Ga.App. 109 (2000) (jurors may infer kissing from testimony; common-sense inferences allowed)
- Wilson v. State, 234 Ga.App. 375 (1998) (multiple theories of crime support conviction under one of them)
- Milner v. State, 297 Ga.App. 859 (2009) (conviction for attempt aligned with evidence and jury instructions)
- Singleton v. State, 229 Ga.App. 135 (1997) (convictions for lesser‑included offenses permissible with proper instruction)
- Climpson v. State, 253 Ga.App. 485 (2002) (proximity of charged crime allows attempt conviction without explicit charge)