☢ test - Í

286 Ga.App. 592, 649 S.E.2d 758 (July 2, 2007); Duprel v. State , 301 Ga.App. 469, 687 S.E.2d 863 (November 19, 2009); Steele v. State , 306 Ga.App. 870, 703 S.E.2d 5 (September 16, 2010); Ayiteyfio v. State , 308 Ga.App. 286, 707 S.E.2d 186 (March 8, 2011). 37. SIMILARITY OF OFFENSES -- FIREARMS POSSESSION Hanes v. State, 294 Ga. 521, 755 S.E.2d 151 (February 24, 2014). Malice murder and related convictions affirmed; prior incident involving possession of a firearm by a convicted felon was properly admitted as similar transaction to the current charge of possession of a firearm by a convicted felon. 38. SIMILARITY OF OFFENSES -- FORGERY Thompson v. State, 323 Ga.App. 790, 748 S.E.2d 465 (September 4, 2013). Forgery and related convictions affirmed; similar transaction evidence properly admitted under pre-2013 rules. In this 2009 incident, and two 2008 incidents, defendant “was a participant with others in attempts to cash fraudulent payroll checks at small convenience stores. The fraudulent checks were for similar amounts and were purportedly drawn from bank accounts held by Mexican food restaurants. All three occurrences were committed within a 15–month time frame.” Beck v. State, 291 Ga.App. 702, 662 S.E.2d 798 (May 29, 2008). In defendant’s forgery prosecution, prior conviction for forgery was properly admitted as a similar transaction to show identity and course of conduct. “In both the present case and the similar transaction, Beck either cashed or attempted to cash checks issued to him with his name and address typed on them. All of the checks were bogus and all were endorsed by Beck. In each instance Beck attempted to cash the checks at a check-cashing location rather than at the bank where they were purportedly drawn.” Davis v. State, 264 Ga.App. 128, 589 S.E.2d 700 (November 14, 2003). Prior check forgeries were admissible as similar transactions to show “bent of mind and course of conduct” in prosecution for forgery of Master’s golf tournament badges, particularly since defendant contended that he innocently purchased the badges without knowing they were forged. 39. SIMILARITY OF OFFENSES -- HOMICIDE Redding v. State, 297 Ga. 845, 778 S.E.2d 774 (October 19, 2015). Murder and related convictions affirmed; under pre- 2013 Evidence Code, prior shooting was sufficiently similar to those on trial: “The [prior] Tye shooting was similar to the Pierce shooting in that, as the evidence reflects, both involved the assailant pursuing his victim, gunning him down, and then sealing his fate with close-range shots to the head. The Tye shooting was similar to the Hill shooting in that both involved the use of high-powered assault rifles loaded with the same type of foreign-made 7.62 x .39 caliber bullets. All three shootings occurred in high-crime areas of Atlanta, within approximately three months of each other.” Wright v. State, 296 Ga. 276, 766 S.E.2d 439 (November 24, 2014). Malice murder and related convictions affirmed; under pre-2013 Evidence Code, trial court properly admitted similar transaction evidence to show “course of conduct” and “bent of mind.” “In each instance, Wright, with two accomplices, in a residential area, approached a victim or victims with the intent to commit a robbery using physical force or a weapon. All of the chosen victims could be considered reluctant to pursue criminal prosecution of their attackers: in both the Norris attack and the Lard attack, the victim was believed by at least one of the attackers to sell marijuana; all the victims and witnesses at the Carbajal shooting [the case on trial] were Hispanic, and testimony established that members of that community, particularly in the area in which Carbajal was killed, were frequently reluctant to report to law enforcement authorities when they were victims of crimes, or witnesses to such.” Bragg v. State, 295 Ga. 676, 763 S.E.2d 476 (September 22, 2014). Malice murder and related convictions affirmed; trial court properly admitted similar transaction evidence under pre-2013 code. Offenses on trial involved murder for hire of defendant’s husband; similar transactions involved attempts to hire someone to kill her prior husband. “Here, Bragg was the primary beneficiary of life insurance policies on both James and Tom. Bragg also experienced martial problems in both relationships, engaged in extra-marital affairs, and openly threatened both men. Due to the similarities between the three prior incidents and the charged crime, the trial court did not abuse its discretion by admitting the similar transaction evidence.” Matthews v. State, 294 Ga. 50, 751 S.E.2d 78 (November 4, 2013). Malice murder and related convictions affirmed; no error in admitting evidence of prior homicide as similar transaction. “[T]he 2001 incident involved a fatal shooting that occurred when Appellant lured the victims to an apartment complex by offering to sell them expensive wheel rims and then tried to rob them, while the 2002 incident charged in this case involved a fatal shooting that occurred when Appellant

Made with FlippingBook Ebook Creator