Alvarez v. State
309 Ga. App. 462
| Ga. Ct. App. | 2011Background
- Alvarez was convicted of rape, aggravated sodomy, aggravated assault with intent to rape, and simple battery.
- The offenses occurred at a worksite where Alvarez and the victim were employed; Alvarez also rented a room in the victim’s home.
- The victim testified she resisted and pleaded; DNA from anal swabs matched Alvarez.
- The State introduced evidence of a prior similar rape to show intent, bent of mind, and course of conduct, with a limiting instruction.
- Alvarez testified that the encounters were consensual with the victim and with the prior-rape victim, respectively.
- Alvarez challenged the admission of the prior-transaction evidence and asserted ineffective assistance of trial counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency and admissibility of similar-transaction evidence | Alvarez argues prior rape was improperly admitted to unfairly imply propensity. | State contends evidence proves intent, bent of mind, and course of conduct. | Evidence properly admitted; sufficient similarity and proper purpose under Williams. |
| Effectiveness of trial counsel | Alvarez claims counsel failed to locate witnesses supporting consensual prior relations. | State asserts no prejudice shown without witness proffers. | No prejudice shown; Strickland test not satisfied due to lack of witness proffers. |
| Sufficiency of the evidence | Victim's testimony alone could support convictions. | Evidence including corroborating witnesses supports verdict beyond reasonable doubt. | Sufficient evidence for rational jury to convict. |
Key Cases Cited
- Williams v. State, 261 Ga. 640 (1991) (three-part test for admission of similar-transaction evidence)
- Towry v. State, 304 Ga.App. 139 (2010) (admission of similar-transaction evidence proper if proper purpose shown)
- Corbitt v. State, 301 Ga.App. 665 (2009) (focus on similarities, not differences, between offenses)
- Ford v. State, 281 Ga.App. 114 (2006) (proper purposes for admission under Williams framework)
- Coleman v. State, 284 Ga.App. 811 (2007) (liberal use of similar-transaction evidence in sexual offenses)
- Burden v. State, 250 Ga. 313 (1982) (example of admissibility based on pattern of conduct and timing)
- Cooley v. State, 201 Ga.App. 171 (1991) (similar-transaction evidence admissible when late-night, intoxication patterns present)
- Smith v. State, 304 Ga.App. 708 (2010) (record review limits when similar-transaction hearing transcript absent)
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency of the evidence standard)
- Martinez v. State, 303 Ga.App. 166 (2010) (two-prong Strickland test for ineffective assistance)