Alexander v. State

Miller, Presiding Judge.

A jury convicted Antonio Alexander of one count of sexual battery (OCGA § 16-6-22.1) as a lesser included offense of rape (OCGA § 16-6-1) and one count of child molestation (OCGA § 16-6-4 (a) (1)). Alexander appeals contending that the trial court erred in instructing the jury that it was required to convict him of rape or the lesser included offenses of statutory rape and sexual battery. Finding the foregoing claim to be without merit and that the charge, read as a whole, properly charged the State’s burden of proof, we affirm.

We review a trial court’s erroneous…