Raybon v. State, 309 Ga. App. 365

Raybon was convicted of aggravated child molestation and child molestation after a jury trial.
Raybon alleges ineffective assistance of trial counsel for failing to move for a demurrer to the child molestation count.
The demurrer issue focuses on a count alleging sexual intercourse with a child under 16 with intent to satisfy the accused's sexual desires.
The trial court denied Raybon's new trial motion; the issue centers on indictment sufficiency under general and special demurrers.
Appellate review applies Strickland v. Washington standards for ineffective assistance and defers to the trial court's factual findings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was trial counsel ineffective for not demurring?	Raybon argues demurrer would have exposed defects.	State contends indictment was sufficient under demurrer standards.	No; indictment withstands demurrer and no prejudice shown.
Was the child molestation count legally sufficient to withstand a special demurrer?	Count could implicate felony statutory rape; thus defective.	Count adequately stated the elements of child molestation.	Indictment sufficient for special demurrer.
Could the indictment withstand a general demurrer?	Facts could still render innocence despite the charge.	Indictment apprises the charge and elements; sufficient.	Indictment sufficient for general demurrer.
Does the rule of lenity require demurrer here in light of potential punishment differences?	Lenity could favor lesser punishment and demand demurrer.	Lenity does not authorize demurrer for otherwise sufficient indictment.	Rule of lenity not applicable to overturn indictment.

State v. Corhen, 306 Ga. App. 495 (2010) (demurrer standards; indictment sufficiency)
Lowe v. State, 276 Ga. 538 (2003) (indictment sufficiency; general demurrer)
Maynard v. State, 290 Ga. App. 403 (2008) (adult-child molestation; statutory framework)
Jackson v. State, 285 Ga. 840 (2009) (ineffective assistance framework; standard)