Dye v. State

McMurray, Presiding Judge.

Defendant Dye appeals his conviction of the offenses of statutory rape and aggravated child molestation. Held:

1. Defendant Dye’s first two enumerations of error contend the trial court erred in denying his motion to dismiss that count of the indictment charging statutory rape on the grounds that OCGA § 16-6-3 defining this offense is unconstitutional. This raises the issue of our jurisdiction to consider this appeal and whether this appeal must be transferred to the Supreme Court since sole jurisdiction to consider a challenge to the constitutionality of a statute…