D'AURIA v. State

Hunstein, Justice.

Ralph D’Auria was charged with the offense of sexual battery under OCGA § 16-6-22.1 in an accusation filed by the State in February 1993. The accusation was amended in May 1993 to reflect the victim’s married name. In April 1995, D’Auria filed a plea in bar based on the statute of limitation, a plea in bar based on double jeopardy, and a demurrer based on the alleged unconstitutionality of OCGA § 16-6-22.1. After a complicated procedural history, D’Auria now appeals from the trial court’s denial of his statute of limitation and constitutional challenges.

OCGA § 16-6-22.1 (b)…