GOBEIL, J., COOMER and HODGES, JJ.
Pearre Walker was convicted of three counts of aggravated
sodomy (OCGA § 16-6-2 (a) (2)), two counts of aggravated
sexual battery (OCGA § 16-6-22.2 (b)), two counts of
aggravated assault (OCGA § 16-5-21 (b)) (July 1, 2015),
three counts of false imprisonment (OCGA § 16-5-41 (a)),
two counts of impersonating an officer (OCGA §
16-10-23), one count of possession of a firearm during the
commission of a crime (OCGA § 16-11-106 (b)), and one
count of kidnapping (OCGA § 16-5-40 (a)). Walker was
sentenced to life in prison with the possibility of parole
plus 75 years. Walker appeals his convictions, contending
that (1) the trial court improperly advised him prior to
trial about the minimum sentence he was facing; (2) the jury
was not properly charged on his theory of defense and was not
charged as to alternate crimes; (3) the trial court erred in
refusing to excuse certain biased members of the venire; and
(4) he received ineffective assistance of counsel. For the
reasons stated below, we find no error and affirm.
appeal from a criminal conviction, a defendant no longer
enjoys the presumption of innocence, and the evidence is
viewed in the light most favorable to the guilty
verdict." (Citation and punctuation omitted.)
Scarborough v. State, 317 Ga.App. 523, 523 (731
S.E.2d 396) (2012).
viewed, the evidence here shows that on December 4, 2012, C.
F. was released from the Clayton County jail. As C. F. was
walking home, Walker drove up to him, asked if him he needed
a ride, and asked C. F. if he could sell him some marijuana.
C. F. got in Walker's car, and after Walker drove away he
either told C. F. that he was an undercover police officer or
led C. F. to that impression, and ordered C. F. to exit the
vehicle. Walker told C. F. to put his hands on the car and
told him he was going to search his private areas to
see if C. F. was in possession of anything that
could hurt him. Walker then showed C. F. a gun and told him
that if he ran away he would be shot. Walker forced C. F. to
lie down in the back seat of his car, applied a Vaseline-like
substance in C. F.'s anus, and then penetrated C.
F.'s anus with his penis. Afterward, C. F. reported the
crime to his mother and went to the hospital. C. F. testified
that he is heterosexual, never engaged in anal intercourse
before, and was not working as a prostitute. His mother also
testified that her son was heterosexual and that she never
knew of him working as a prostitute. Walker stipulated that
his semen was collected from C. F.'s anus.
January 30, 2013, B. T. was walking home from the library
after taking his G. E. D. test. Walker pulled up next to B.
T. and asked him if he knew where to buy marijuana. B. T. got
in the car with Walker, but instead of going where B. T.
directed, Walker drove to an apartment complex where B. T.
happened to live at the time. Walker then told B. T. that he
was a police officer, asked B. T. if he had anything that
would stick him, and patted him down. After that, Walker
forced B. T. down in the car and, when B. T. resisted and
made noise, Walker asked B. T. if he had ever been shot
before and threatened to shoot B. T. in the back of the head.
B. T. felt something hard against the back of his head as
Walker said this. Walker stuck his finger in B. T.'s anus
and then penetrated B. T.'s anus with his penis. After
Walker was finished, B. T. asked him for a cigarette in an
attempt to stall Walker so he could get information to give
the police. B. T. reported the crime to his aunt and called
the police. B. T. testified that he had never previously
engaged in anal intercourse and was not a prostitute. Walker
stipulated that his semen was collected from the anus of B.
14, 2013, Q. F. was walking from the home of his child's
mother to his home when Walker drove up next to him and asked
him if he knew where to buy marijuana. Q. F. got in the back
seat of Walker's car and, instead of taking Q. F. to the
location identified, Walker drove to the same complex where
he took B. T. Walker told Q. F. that he was a police officer
and started searching him. During the process of searching Q.
F., Walker inserted his finger in Q. F's anus. Walker
then put a gun to the back of Q. F.'s head and told Q. F.
that he was going to let Walker do what he is going to do.
Walker inserted his finger in Q. F.'s anus again and then
penetrated his anus with his penis. Q. F. reported the crime
to his mother and the police. Q. F. testified that he is not
homosexual and had never before engaged in anal intercourse.
Q. F.'s mother also testified that her son never sold his
body for sex. Walker stipulated that his semen was collected
from the anus of Q. F.
testified in his own defense at trial. Walker alleged that
all three men were prostitutes who consensually had sex with
him in the car he was driving based upon the promise of
payment that he never made and never intended on making.
Walker admitted to patting all three down to look for weapons
before having sex.
jury convicted Walker of three counts of aggravated sodomy,
two counts of aggravated sexual battery, two counts of
aggravated assault, three counts of false imprisonment, two
counts of impersonating an officer, one count of possession
of a firearm during the commission of a crime, and one count
of kidnaping. Walker was sentenced to a total of life in
prison with the possibility of parole plus 75 years. Walker
Walker contends that the trial court erred in misinforming
him prior to the start of the trial about the minimum
sentence he faced. We find no reversible error.
defendant has no constitutional right to enter a guilty
plea." Sanders v. State, 280 Ga. 780, 782 (2)
(631 S.E.2d 344) (2006). Georgia law, likewise, provides no
statutory right to enter a guilty plea. Id. at
783-784 (2). Even so, here the State offered Walker the
chance to plead guilty to one count of aggravated sodomy and
one count of aggravated assault and be sentenced to 30 years
with 25 to serve. In discussing this offer with Walker, the
trial court noted that he could be facing a lengthy sentence
if convicted, and incorrectly stated that some charges, such
as aggravated sodomy, have a mandatory minimum sentence of
ten years, even though the actual mandatory minimum for that
charge is 25 years. OCGA § 16-6-2 (b) (2). Against
counsel's advice, Walker rejected the plea deal and went
had no constitutional or statutory right to the guilty plea
he rejected. He does not allege his counsel was ineffective
in advising him during the plea deal process. Indeed, not
only did his counsel suggest he take the plea deal,
Walker's counsel also told him after the pre-trial
hearing that he was likely to be convicted and was facing
multiple life sentences. The trial court's misstatement
about the mandatory minimum for a single charge, among the
other charges faced by Walker, did not deprive him of any
legal right, and thus it does not form the basis for
Walker argues that the trial court erred by failing to charge
the jury both on his theory of defense and other possible
crimes. We disagree.
Walker's Sole Defense
is true, as alleged by [Walker], that a trial court is
required to charge the jury on the defendant's sole
defense, even without a written request, if some evidence has
been presented to support the charge." Wilson v.
State, 255 Ga.App. 497, 499 (2) (565 S.E.2d 847) (2002).
Here, Walker's sole defense to the charge of aggravated
sodomy was that the victims were prostitutes who consented to
their sexual encounter with him. Walker requested the
following charge, which the trial court did not give:
Consent is an affirmative defense to a charge of Aggravated
Sodomy, in that acts of sexual intimacy between persons
legally able to consent is protected by the individuals'
constitutional right to privacy. Therefore, if it is
determined that the sexual intimacy was consensual, one
cannot be convicted of Aggravated Sodomy under O.C.G.A.
§ 16-6-2. . Consent, however, is an element of the crime
of aggravated sodomy, which provides that "[a] person
commits the offense of aggravated sodomy when he or she
commits sodomy with force and ...