Rutledge v. State

A jury found Odell Rutledge (Appellant) guilty of two counts of engaging in sexual activity with a child 12 years of age or older, but less than 18 years old, by engaging in sexual battery (the penetration of, or union with, C.W.’s vagina by Appellant’s penis) while Appellant stood in a position of familial or custodial authority over the victim, in violation of section 794.011(8)(b), Florida Statutes (2004 and 2005). Count One alleged this activity occurred between March 1, 2005, and April 30, 2005, whereas Count Two alleged this activity occurred between May 1, 2004, and May 31, 2004.…