Franklin v. the State

Dillard, Judge.

Following a trial by jury, Charles Franklin was convicted of rape, aggravated sodomy, aggravated assault, aggravated battery, false imprisonment, and the false report of a crime. Franklin’s sole contention on appeal is that the trial court erred in failing to sua sponte give an instruction on mistake of fact. For the reasons set forth infra, we reject this contention and affirm.

Viewed in the light most favorable to the jury’s guilty verdict, 1 the record reflects that at approximately 8:00 a.m. on April 13, 2010, the victim, Franklin’s then-wife, met him at a rental home that…