Judice v. State
308 Ga. App. 229
| Ga. Ct. App. | 2011Background
- Judice, age 19, and a friend spent the evening with 14-year-old S. W. at her grandparents’ home.
- After consuming Xanax, Judice and S. W were kissing and he allegedly prepared for sexual activity.
- S. W.’s grandfather unexpectedly entered the room and observed Judice between S. W.’s legs, with Judice attempting to button his pants.
- Judice was indicted on one count of statutory rape and one count of child molestation.
- The jury found Judice guilty of attempted statutory rape (as a lesser-included offense) and child molestation; the trial court denied post-trial motions; Judice appeals.
- The issues center on (a) sufficiency of the evidence for child molestation and (b) the propriety of charging attempted statutory rape as to the statutory-rape charge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for child molestation | Judice. | Judice. | Evidence sufficient; multiple theories support conviction. |
| Directed verdict on statutory rape moot | Statutory rape evidence should be reviewed. | Moot because conviction was for attempted statutory rape. | Moot; appeal focuses on attempted statutory rape. |
| Allowance of instruction on attempted statutory rape | No basis to instruct on attempt since not charged. | Statutory framework allows conviction for attempt without explicit indictment. | Properly instructed; consistent with OCGA provisions and evidence. |
Key Cases Cited
- Davis v. State, 275 Ga. App. 714 (Ga. App. 2005) (directed-verdict standard; sufficiency review guidance)
- Ferguson v. State, 307 Ga. App. 232 (Ga. App. 2010) (evidentiary sufficiency and jury instructions)
- Wilson v. State, 234 Ga. App. 375 (Ga. App. 1998) (instructional error standards cited)
- Arnold v. State, 249 Ga. App. 156 (Ga. App. 2001) (conviction on alternative theory; sufficiency)
- Climpson v. State, 253 Ga. App. 485 (Ga. App. 2002) (partial charging of lesser-included offenses permissible)