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Attaway v. State

The trial court properly sentenced the defendant for felony statutory rape based on evidence showed that he had sexual intercourse with the victim, who was not his spouse, when he was 32 years old and she was only 14.

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Following a jury trial, Larry Allen Attaway was convicted of statutory rape.1 He appeals his conviction, sentence, and the denial of his motion for new trial, arguing that the trial court erred in failing to adequately charge the jury regarding circumstantial evidence, and in sentencing him for felony statutory rape when the indictment alleged only the misdemeanor offense. For the reasons set forth below, we affirm. Viewed in a light most favorable to the verdict, Davis v. State ,2 the record shows that in early 2004, Attaway, who was 32 years-old, moved into a home with his former girlfriend and her two children, including her 14-year-old daughter A. C. Attaway and A. C. became friends and began to spend a significant amount of time together socially. Shortly thereafter, Attaway confided to A. C. that he was attracted to her, and over the next few months, they maintained a relationship in which they had sexual intercourse approximately five or six times. During that time, Attaway and A. C. exchanged notes and letters, in which they discussed their relationship and affection for each other. The relationship ended after A. C.’s mother found one of Attaway’s letters and reported him to the police.

Attaway was arrested and indicted on one count of statutory rape. At trial, A. C. recounted the details of her sexual relationship with Attaway. In addition, the State introduced into evidence a notebook containing the love notes that he and A. C. had written to each other, as well as a love letter written by Attaway and found by A. C.’s mother. At the trial’s conclusion, Attaway was found guilty of statutory rape and received a twenty-year sentence. He filed a motion for new trial, which was denied after a hearing. This appeal followed.

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