Maloy v. State

McMurray, Presiding Judge.

Defendant was tried before a jury and found guilty of rape, aggravated sodomy, and aggravated assault. Viewed in the light most favorable to the jury’s verdicts, the evidence adduced at trial would authorize the following facts: The victim worked at a dance club where she met defendant. She thought they were going to start dating and agreed to accompany him to a nearby motel. Once in the room, they talked about sex. The victim agreed to have sex, but insisted that defendant use a condom. At first, defendant agreed but then changed his mind, saying, “no, I don’t want…