Garner v. State, 8 Div. 12
| Decision Date | 20 March 1984 |
| Docket Number | 8 Div. 12 |
| Parties | Marrick L. GARNER v. STATE. |
| Court | Alabama Court of Criminal Appeals |
William P. Burgess, Jr., Huntsville, for appellant.
Charles A. Graddick, Atty. Gen., and J. Callen Sparrow, Asst. Atty. Gen., for appellee.
Appellant Marrick L. Garner appeals his guilty plea conviction of rape in the second degree by presenting one issue: he contends that there was an inadequate factual basis to sustain the acceptance of his guilty plea by the court.
It appears that appellant was 23 years old and the victim 15 years old when the alleged offense occurred. The colloquy at the sentencing proceeded along these lines:
The court then recessed, and later the same day the following took place:
The offense in this case had been reduced to rape in the second degree, the old "statutory rape" in which the consent of the underage victim is not a defense. Therefore, an admission by the appellant that he "had sex" with the underage female is an entirely sufficient basis upon which to accept a guilty plea.
Appellant's argument that the phrase "having sex" is ambiguous and indefinite is without merit. We can think of no set of circumstances where the words "having sex" would not have the same meaning as the words "having sexual intercourse." To find otherwise would be to ignore the common understanding and usage...
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