☢ test - Í

Edwards v. State, 282 Ga. 259, 646 S.E.2d 663 (June 4, 2007). At defendant’s murder trial, admission of similar transaction evidence of his prior violent offense as a juvenile was “not clearly erroneous.” “In this case, both the charged crime and the similar transaction involved violent assaults committed by [defendant] with the support and assistance of young, unarmed accomplices; both involved [defendant’s] use of a firearm and demand for valuables; and both targeted business people, within the same five-mile area, during morning work hours.” Inman v. State, 281 Ga. 67, 635 S.E.2d 125 (September 18, 2006). In defendant’s trial for murder and armed robbery, trial court erred in admitting evidence of defendant’s prior charge of possession of a stolen vehicle, from California. “[T]he State did not establish that [defendant] had taken the California car, only that he was found driving it several hours after it was reported stolen, and we do not see the similarity between being in possession of a car stolen, unbeknownst to the owner, from a parking lot during daylight hours, and the charge of taking a car during the middle of the night after inflicting deadly violence on the owner.” Harmless error, however, in light of overwhelming evidence of guilt. Denny v. State, 280 Ga. 81, 623 S.E.2d 483 (December 1, 2005). Other crime was sufficiently similar to admit in defendant’s prosecution for burglary and murder: in both crimes, defendant and accomplices would drive around rural areas looking for homes that looked empty, “and that ‘sat back’ some distance from the street.” Defendant and his accomplices would force entry through a door and steal “items that could easily [be] carried by hand.” Agee v. State, 279 Ga. 774, 621 S.E.2d 434 (October 24, 2005). Murders were sufficiently similar: “In both cases, Agee had reason to believe that he was disrespected in front of his friends. In both cases, he resorted to violence with a handgun, shooting the victims as they attempted to flee. And in both cases he fired the weapons numerous times, displaying no regard for the presence of others.” Rhodes v. State, 279 Ga. 587, 619 S.E.2d 659 (September 19, 2005). Defendant was convicted of felony murder and cruelty to children based on neglect of her child. Trial court did not “err by allowing the State to present evidence of similar transactions demonstrating Rhodes’ neglect and lack of supervision of her children and past Department of Children and Family Services investigations involving injuries to the children.” Oliver v. State, 276 Ga. 665, 581 S.E.2d 538 (June 2, 2003). Defendant, an apartment complex maintenance man, was charged with using his keys to enter victim’s apartment and murdering her. During trial, evidence of other instances where he used his keys to gain entry to the apartments of women, ostensibly for maintenance purposes, was admitted; both other instances were within three months of the subject incident. Trial court’s findings of relevance not clearly erroneous. Glaser v. State, 272 Ga. 757, 535 S.E.2d 231 (September 11, 2000). Murder and attempted murder convictions affirmed. In prosecution for murdering her husband, trial court properly admitted similar transaction evidence of defendant’s conspiracy to kill another family member. The incidents were sufficiently similar: “(1) in each case, the victim was a close relative, but not a blood relative, of defendant; (2) in each case, defendant hired a hit man to kill the victim; (3) a handgun was used in this case, and a handgun was to be used in the other transaction; (4) money was involved as a motive in each case.” 40. SIMILARITY OF OFFENSES -- OBSTRUCTION Dryden v. State, 292 Ga.App. 467, 665 S.E.2d 341 (June 5, 2008). In defendant’s prosecution for assault of officers and obstruction based on flight, defendant’s prior convictions for obstruction were properly admitted, “each as involving efforts to run from police attempting to make an arrest.” Reversed on different issue, 285 Ga. 281, 676 S.E.2d 175 (April 28, 2009). 41. SIMILARITY OF OFFENSES -- ROBBERY/HIJACKING Brannon v. State, S15A1724, ___ Ga. ___, ___ S.E.2d ___, 2016 WL 867555 (March 7, 2016). Malice murder and related convictions affirmed; trial court properly admitted other acts evidence. “Here, both crimes, which occurred 13 days apart in neighboring counties, involved the same two defendants stealing a car with distinctive tire rims after shooting the vehicle’s owner. In each case, appellant used one of his mother’s cars to drive Rounsoville to the scene of the crime, waited while Rounsoville shot the car’s owner and took the vehicle, and then followed Rounsoville as he drove the stolen car from the scene. We find that the modus operandi for each carjacking was sufficiently similar to mark the offenses as appellant’s handiwork.”