Stuart v. State
318 Ga. App. 839
| Ga. Ct. App. | 2012Background
- Stuart was convicted of rape, aggravated child molestation, and child molestation and sentenced to life imprisonment.
- Stuart challenged the trial court’s failure to instruct that statutory rape is a lesser included offense of rape.
- At charge conference the court declined to give a statutory-rape lesser-included-charge instruction over the State’s objection.
- Stuart affirmatively agreed with the State during proceedings that the instruction was unwarranted, and he did not timely object.
- The appellate court conducted a plain-error review and held statutory rape is not a lesser included offense of rape under Georgia law, overruling Hill and related authorities.
- The convictions were affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is statutory rape a lesser included offense of rape under OCGA § 16-1-6 and related rules? | Stuart contends statutory rape is a lesser included offense of rape. | State argues statutory rape is not a lesser included offense because elements differ. | No; statutory rape is not a lesser included offense. |
| Whether the alleged instructional error qualifies as plain error given the record and agreement at trial? | Stuart argues error but does not rely on plain-error grounds. | State argues no plain error because no requisite defect or waiver established. | Record shows no error or waived right; no plain-error remedy needed. |
| What is the proper doctrinal framework for determining inclusion of offenses in this context (Drinkard, Hill, etc.)? | Hill erroneously applied actual-evidence test. | Drinkard's required-evidence test governs, not the Hill/actual-evidence approach. | Hill overruled; Drinkard framework controls; Dinkler limited accordingly. |
| Do Hill and related authority overrule Mangrum or other controlling precedents? | Hill supports outcome contrary to Mangrum. | Hill is overruled; Mangrum and Drinkard control decision. | Hill overruled; Mangrum/Drinkard prevail. |
Key Cases Cited
- Mangrum v. State, 285 Ga. 676 (2009) (statutory rape not a lesser included offense of forcible rape)
- Drinkard v. Walker, 281 Ga. 211 (2006) (adopts required-evidence test for inclusion analysis)
- Hill v. State, 295 Ga. App. 360 (2008) (overruled for improper test; statutory rape not included offense in general)
- Dinkler v. State, 305 Ga. App. 444 (2010) (overruled to extent it limited application of the required-evidence test)
- Stulb v. State, 279 Ga. App. 547 (2006) (pre-Drinkard authority cited and distinguished)
- Drinkard v. Walker, 281 Ga. 211 (2006) (adopts required-evidence test for inclusion analysis)
- Pryor v. State, 238 Ga. 698 (1977) (early precedent later disapproved by Drinkard)
- Shank v. State, 290 Ga. 844 (2012) (discusses waiver vs forfeiture of rights)
- Cheddersingh v. State, 290 Ga. 680 (2012) (clarifies waiver/forfeiture standards)
- State v. Kelly, 290 Ga. 29 (2011) (plain-error review framework)