☢ test - Í

Lowe v. State, 245 Ga.App. 659, 538 S.E.2d 552 (August 24, 2000). Aggravated assault and related convictions affirmed; trial court properly admitted similar transaction evidence. “In both instances, the victims knew of or were acquainted with Lowe, and in both instances Lowe assaulted the victims with a gun and either robbed them or demanded money. The trial court correctly concluded that Lowe's prior armed robbery and aggravated assaults with a pistol were substantially relevant to the appropriate limited purpose of proving modus operandi or course of conduct.” Shuman v. State , 244 Ga.App. 335, 535 S.E.2d 526 (June 7, 2000). Defendant was convicted of armed robbery and related offenses after jumping over hotel counter, holding a knife to the clerk’s neck, grabbing the bills from the cash register, and vaulting back over the counter. Held, six prior armed robberies were properly admitted as similar transactions. “In five of these incidents, Shuman either jumped over or went around the counter to take cash from the hotel register. In four of the incidents, he threatened the clerk with a weapon. The State produced certified copies of Shuman's convictions in connection with all six incidents.” Fact that there were so many didn’t make the evidence unduly prejudicial or “duplicative and excessive.” “We have upheld the introduction into evidence of multiple similar transactions. See, e.g., Simmons v. State, 266 Ga. 223, 224(2)(a), 466 S.E.2d 205 (1996) (eight instances).” “[W]hen this hotel robbery is compared to the six previous hotel robberies committed by Shuman, the similarities in the offenses become so striking as to constitute evidence of a ‘signature crime.’ See Smith v. State, 235 Ga.App. 134, 139(4), 508 S.E.2d 490 (1998); Shaw v. State, 211 Ga.App. 647, 648–649(1), 440 S.E.2d 245 (1994). The probative value of the similar transaction evidence to show Shuman's identity as the perpetrator of this robbery was increased with evidence of each additional offense; it was not merely cumulative.” Guyton v. State , 272 Ga. 529, 531 S.E.2d 94 (May 30, 2000). Armed robbery conviction affirmed; prior robbery was properly admitted as similar transaction. “Both offenses involved attacks upon women who were alone in which a silver handgun was pointed at the victims and they were ordered to relinquish their property. Both crimes were preceded by the assailant walking past his victims and then returning hurriedly to commit the crimes. In both situations, the assailant claimed after arrest that at the time of the crime, his foot or leg was injured, causing him to experience difficulty walking, while both victims testified that their assailant did not limp noticeably at the time of the crime.” Accord, Rembert (October 7, 2013), above. Avery v. State , 244 Ga.App. 177, 534 S.E.2d 897 (May 24, 2000). Aggravated assault, armed robbery, and related convictions affirmed; trial court properly admitted similar transaction evidence. “In both the present case and the similar transaction, both incidents occurred in Bowen Homes; both incidents involved an assault and robbery; both victims were acquaintances of Avery; both victims were shot in the left leg and robbed; and in both cases the person who shot the victim worked with an accomplice.” Accord, Boynton v. State , 317 Ga.App. 446, 730 S.E.2d 738 (July 27, 2012). Anderson v. State, 236 Ga.App. 679, 513 S.E.2d 235 (February 26, 1999). Prior armed assault, not a robbery, was sufficiently similar to armed robberies for which defendant was on trial. “The evidence of the similar transaction does not reveal an incident so dissimilar as to preclude its admission. The similar transaction incident tends to show defendant’s propensity to use a gun and may suggest some attempt by defendant to display a trademark injury to his victims since the victim of the similar transaction shooting along with the two victims of the aggravated assault charges tried were all shot in the left thigh. While the underlying incident in the similar transaction evidence was different in that it was not involved with an attempted armed robbery, the scuffle with the similar transaction witness was similar to that which occurred when victim Williams attempted to resist an armed robbery while the shooting of victim Evans involved even less provocation. Willis v. State, 214 Ga.App. 479, 480(3), 448 S.E.2d 223 (1994).” 42. SIMILARITY OF OFFENSES -- SEXUAL OFFENSES See also subheading CHARACTER EVIDENCE – DEFENDANT’S SEXUAL HISTORY, above Hunt v. State, A15A2064, ___ Ga.App. ___, 783 S.E.2d 456, 2016 WL 1203927 (March 29, 2016). Rape, child molestation and related convictions affirmed. Under pre-2013 Evidence Code, similar transactions evidence was properly admitted. “Hunt objected to [similar transaction witness] S.B.’s testimony that Hunt once commented on her breast size and once asked her if he she had been masturbating because ‘if [she] was masturbating then [she’d] better share.’ … ‘[T]his Court has previously upheld the admission of similar transaction evidence demonstrating noncriminal, but inappropriate or questionable behavior by a defendant toward young girls as tending to show the defendant’s lustful disposition.’ Leaptrot v. State, 272 Ga.App. 587, 597(3)(a), 612 S.E.2d 887 (2005) (citations omitted).” State v. Dowdell, 335 Ga.App. 773, 783 S.E.2d 138 (February 23, 2016). Physical precedent only; interlocutory appeal in rape prosecution. Trial court properly denied State’s motion to admit “other acts” evidence. Current charge: rape of

Made with FlippingBook Ebook Creator