OSORTO-AGUILERA v. State
307 Ga. App. 575
Ga. Ct. App.2011Background
- Adrian Osorto-Aguilera was indicted in Georgia on rape, child molestation, and burglary for acts against a 12-year-old.
- A jury convicted him of child molestation and acquitted him of the other charged offenses.
- He was sentenced to 20 years to serve.
- On amended motion for new trial, he challenged the jury instructions and related trial conduct.
- He claimed the child molestation charge was not tailored to the indictment and that the court should have given a good character instruction.
- The appellate court affirmed, holding no reversible error in the challenged rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the child molestation instruction properly tailored? | Osorto-Aguilera | State | No error; pattern instruction acceptable. |
| Did the trial court err in denying the good character instruction? | Osorto-Aguilera | State | No error; lack of convictions alone not enough. |
| Did Detective testimony about the victim's demeanor invade the jury's function? | Osorto-Aguilera | State | Waived for lack of contemporaneous objection. |
| Was appellate counsel's ineffective assistance claim preserved for review? | Osorto-Aguilera | State | Waived; not raised in motion for new trial. |
Key Cases Cited
- Hopkins v. State, 255 Ga.App. 202 (2002) (indictment-specific instructions)
- Walker v. State, 146 Ga.App. 237 (1978) (methods of committing offense not alleged in indictment)
- Milan v. State, 293 Ga.App. 398 (2008) (reading entire charge does not convict for unalleged method)
- Buice v. State, 239 Ga.App. 52 (1999) (legal standards for tailoring charges)
- Godsey v. State, 271 Ga.App. 663 (2005) (evidence and character in impeachment/credibility)
- Sanchez v. State, 285 Ga. 749 (2009) (waiver of objections on appeal)
- Bryant v. State, 282 Ga. 631 (2007) (trial counsel effectiveness claims waived if not raised at trial)