495 S.E.2d 280 | Ga. | 1998
Bobby Lee Smith was convicted of murder, rape, and kidnapping in the strangulation of Sherry Lynn Pollard.
The evidence at trial showed that Smith was staying at the motel where Pollard worked and that he forced her into a room from the hallway. He beat her about the head with a telephone, strangled her with the telephone cord, and raped her. He took her wedding ring
1. After reviewing the evidence in the light most favorable to the jury’s determination of guilt, we conclude that a rational trier of fact could have found Smith guilty of the crimes charged beyond a reasonable doubt.
2. Smith contends that the trial court erred in admitting one of his statements. Following a Jackson-Denno
At the Jackson-Denno hearing, one police officer testified that police conducted a “pre-interview” of Smith prior to tape-recording the statement used at trial. The state failed to comply with O.C.G.A. § 17-7-210 because it did not furnish in writing the relevant and material parts of the unrecorded statements.
3. Smith contends that in response to his Brady
Judgment affirmed.
The crimes were committed on July 8, 1989. A grand jury indicted Smith on April 23, 1992. On February 28,1997, a jury convicted Smith for malice murder, burglary, kidnapping with bodily injury, rape, aggravated assault, robbery by force, possession of cocaine, and concealing a death. On March 7, 1997, the trial court sentenced Smith to life imprisonment for malice murder. The trial court imposed separate life sentences on the kidnapping and rape charges, separate 20-year sentences on the aggravated assault, burglary, and robbery charges, a 15-year sentence on the possession charge, and a 12-year sentence on the concealment of a death charge. Each sentence is to run consecutively. Smith filed a motion for new trial on March 28, 1997, which he amended on August 1, 1997. The trial court denied the motion on August 5, 1997. Smith filed a notice of appeal on August 28, 1997 and the case was submitted for decision without oral argument on November 3, 1997.
Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
Jackson v. Denno, 378 U. S. 368 (84 SC 1774, 12 LE2d 908) (1964).
Dixon v. State, 267 Ga. 136, 139 (475 SE2d 633) (1996) (tried court’s factual and credibility determinations in Jackson-Denno hearing will not be disturbed on appeal unless clearly erroneous).
The Jackson-Denno hearing was held in 1993, prior to the enactment of the current discovery provisions codified at O.C.G.A. § 17-16-4.
See Brown v. State, 161 Ga. App. 544, 545 (288 SE2d 882) (1982).
Brady v. Maryland, 373 U. S. 83 (83 SC 1194,10 LE2d 215) (1963).
The Brady hearing was held ón June 27,1995.