Attaway v. State

Blackburn, Presiding Judge.

Following a jury trial, Larry Allen Attaway was convicted of statutory rape. He appeals his conviction, sentence, and the denial of his motion for new trial, arguing that the trial court erred in failing to adequately charge the jury regarding circumstantial evidence, and in sentencing him for felony statutory rape when the indictment alleged only the misdemeanor offense. For the reasons set forth below, we affirm.

Viewed in a light most favorable to the verdict, Davis v. State, 2 the record shows that in early 2004, Attaway, who was 32 years old, moved into a home…