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RODRIGUEZ v. STATE

No. A10A1490.

702 S.E.2d 10 (2010)

RODRIGUEZ v. The STATE.

Court of Appeals of Georgia.

September 22, 2010.

Attorney(s) appearing for the Case

Walter M. Chapman , Savannah, for appellant.

Tracy Graham Lawson , District Attorney, Sheryl D. Freeman , Assistant District Attorney, for appellee.

MILLER, Chief Judge.

A Clayton County jury found Anaxi Rodriguez guilty of statutory rape (OCGA § 16-6-3(a)). On appeal, Rodriguez claims that the trial court erred in (i) refusing to charge the affirmative defense of coercion, and (ii) sentencing him for a felony where the indictment failed to designate the statutory rape count as a felony. We disagree and affirm because there was no evidence from which the jury could conclude that Rodriguez performed the act...

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