Rodriguez v. State

Miller, Chief Judge.

A Clayton County jury found Anaxi Rodriguez guilty of statutory rape (OCGA § 16-6-3 (a)). On appeal, Rodriguez claims that the trial court erred in (i) refusing to charge the affirmative defense of coercion, and (ii) sentencing him for a felony where the indictment failed to designate the statutory rape count as a felony. We disagree and affirm because there was no evidence from which the jury could conclude that Rodriguez performed the act of intercourse under threat of immediate violence and because the indictment was sufficient to charge Rodriguez with felony statutory…