Perez-Hurtado v. State

Bernes, Judge.

Appellant, 17-year-old Florentino Perez-Hurtado, was indicted by a Whitfield County grand jury for the offenses of statutory rape and child molestation. Both offenses alleged a single act of intercourse with the victim, 12-year-old C. S. Following a trial by jury, Perez-Hurtado was convicted of statutory rape and acquitted of child molestation. Hurtado contends the verdicts are mutually exclusive and the evidence is therefore insufficient. We disagree and affirm.

Decided August 17, 2005. Michael A. Corbin, Jerry W. Moncus, for appellant. Kermit N. McManus, District Attorney,…