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State v. Grube

Identification of a victim in an indictment by use of an alias or other name by which the victim is generally known sufficiently informs a defendant of the victim's identity and apprises the defendant of the nature of evidence he must be prepared to meet, especially when accompanied by language highlighting or explaining the use of the alias or alternative name.

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In October 2009, a Catoosa County Sheriff’s deputy pretending to be a 14-year-old girl named Tiffany posted a listing on an internet website indicating she was looking for something fun to do over an upcoming holiday weekend. Appellant Timothy Grube, then a 27-year-old male, responded to the post and subsequently exchanged numerous e-mail communications with undercover officers who were posing as Tiffany. Grube ultimately arranged to meet Tiffany, whom he believed to be a 14-year-old girl, for the purpose of engaging in sexual relations. He was arrested by police when he arrived at the agreed upon meeting place.

Grube was indicted on charges of computer pornography, attempted aggravated child molestation and attempted child molestation. See OCGA § 16-6-4 a and c; OCGA § 16-12-100.2 d. The trial court determined all three counts of the indictment were deficient because each failed to identify the victim of the alleged crimes. The State filed a second indictment charging Grube with the same crimes but amended the language used so as to identify the victim as ” ‘Tiffany,’ a person believed by the accused to be a child” and ” ‘Tiffany,’ a person he believed to be a 14-year-old girl.” Grube filed a special demurrer to the second indictment, again asserting the indictment failed to sufficiently identify the victim. The trial court agreed, and the indictment was dismissed. After the Court of Appeals affirmed, we granted the State’s petition for certiorari to determine whether the Court of Appeals erred by finding the second indictment insufficient to withstand a special demurrer. We now reverse the judgment of the Court of Appeals.

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