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D'AURIA v. STATE

No. S98A2002.

512 S.E.2d 266 (1999)

270 Ga. 499

D'AURIA v. The STATE.

Supreme Court of Georgia.

February 8, 1999.

Attorney(s) appearing for the Case

Robert E. Wilson, Bryan A. Downs, Ellen S. Cheek, Wilson, Morton & Downs, LLC, Decatur, for Ralph D'Auria.

Debra Marie Sullivan, W. Cliff Howard, Thomas Edward Csider, Gwendolyn Rebecca Keyes, Assistant Solicitors, Ralph T. Bowden, Jr., Solicitor, Decatur, for the State.

HUNSTEIN, Justice.

Ralph D'Auria was charged with the offense of sexual battery under OCGA § 16-6-22.1 in an accusation filed by the State in February 1993. The accusation was amended in May 1993 to reflect the victim's married name. In April 1995, D'Auria filed a plea in bar based on the statute of limitation, a plea in bar based on double jeopardy, and a demurrer based on the alleged unconstitutionality of OCGA § 16-6-22.1. After a complicated procedural...

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