605 S.E.2d 422 | Ga. Ct. App. | 2004
A jury found Floyd Robinson guilty of criminal attempt to rape and simple battery. In his sole enumeration of error, Robinson claims the trial court erred in admitting evidence of similar transactions. We find no error and affirm Robinson’s convictions.
The evidence at trial showed that the victim knew Robinson because she was dating Robinson’s cousin. Robinson had previously visited the victim to inquire about her cousin. At approximately 10:00 p.m. on August 18, 2001, Robinson came to the victim’s apartment and began asking the victim about her cousin. Robinson then went into the bathroom for several minutes. When Robinson came out of the bathroom, he grabbed the victim, pinned her down on the bed, and tried to pull down her shorts. The victim was very scared. She began screaming and trying to pull up her shorts. The victim got to the telephone and tried to call for help, but Robinson took it away and hit her on the side of the head with the telephone. The victim continued struggling and screaming loudly. According to the victim, Robinson never said anything during the attack.
Neighbors heard the victim’s screams and kicked in the door. They saw Robinson on top of the victim, holding her down. Robinson had the victim’s shorts and panties down, and Robinson’s penis was exposed. The victim continued to scream when the neighbors broke in the door, and Robinson did not stop holding the victim down until one of the neighbors pulled him off the victim. Robinson then hit the victim on her face before leaving the room. After Robinson left, a neighbor called the police.
During the trial, the state presented evidence of two similar transactions. One victim testified that in August 1999, Robinson entered her home through a window, awoke her by grabbing her, overpowered her, wrestled off her shorts, and raped her. According to the victim, Robinson never spoke during the attack. The victim recognized Robinson because previously he rode the school bus with her children.
The trial court held a hearing on the state’s motion to admit similar transaction evidence. The stated purpose of presenting the evidence of similar transactions was to show Robinson’s bent of mind, intent, motive, identity, lustful disposition and course of conduct. The state argued that the past sexual assaults were sufficiently similar to the attempted rape in this case because all three were violent sexual assaults against unwilling women at night. During the hearing, the state noted that its purpose for introducing the similar transactions was to show Robinson’s bent of mind, lustful disposition and course of conduct. The trial court ruled that the past sexual assaults were admissible.
When each previous victim testified, the trial court instructed the jury to consider the testimony for limited purposes: (1) the 1999 incident to show Robinson’s bent of mind or course of conduct, and (2) the 1986 incident to show Robinson’s identity, state of mind, intent, or course of conduct. In addition, during the general jury instructions, the trial court instructed the jury that the similar transaction evidence may only be considered “for the limited purpose of showing, if it does, the state of mind, or the intent, or the course of conduct in the crimes charged in the case now on trial.”
Before similar transaction evidence can be introduced, the state must make three affirmative showings as mandated by Williams v.
“The rules regarding the use of similar transaction evidence are construed most liberally in cases involving sexual offenses.”
Moreover, while Robinson correctly notes that identity was not at issue since he admitted he was the individual seen by the eyewitnesses when they kicked in the door to the victim’s apartment, we fail to see how the trial court’s overbroad similar transaction instruction during testimony harmed Robinson. We find it highly unlikely that the inclusion of the word “identity’ during the initial similar transaction jury instruction confused the jury.
Judgment affirmed.
Robinson argued that the sex was consensual, and a jury found him not guilty of rape.
Robinson entered a guilty plea and was convicted of criminal attempt to commit rape in 1986.
261 Ga. 640, 642 (2) (b) (409 SE2d 649) (1991).
(Citation and punctuation omitted.) Mangham v. State, 234 Ga. App. 567, 569 (1) (507 SE2d 806) (1998).
Id.
See Johnson v. State, 242 Ga. 649, 652-653 (3) (250 SE2d 394) (1978); Rowe v. State, 263 Ga. App. 367, 368 (1) (587 SE2d 781) (2003); Bloodworth v. State, 173 Ga. App. 688, 689 (1) (327 SE2d 756) (1985).
See Jones v. State, 243 Ga. App. 374, 377 (3) (533 SE2d 437) (2000).