511 S.E.2d 888 | Ga. Ct. App. | 1999
David Charles Sutton was indicted on charges of kidnapping with bodily injury and rape. A jury found him guilty of kidnapping with bodily injury and simple battery. His motions for new trial as amended were denied, and he appeals. Sutton’s contention on appeal is that evidence of prior difficulties between the victim and himself was erroneously admitted. We find no error, and we affirm.
Construed to uphold the verdict, evidence was presented that Sutton and the victim had been involved in a romantic relationship for several years. The victim considered Sutton to be her common law
Sutton contends that evidence of prior incidents of violence toward the victim was improperly admitted. The state presented evidence of several altercations that occurred between July 1994 and February 1997, the date of the incident at issue in this case. According to the victim, in July 1994, she and Sutton began fighting after Sutton’s friend told him that the victim “was talking to another guy.” Twice in April 1996, during arguments about money, Sutton again physically fought with the victim, hitting her. In May 1996, during an argument, Sutton kicked the victim in the chest and punched her. She testified that she could “hardly breathe.” On each of these occasions, although the police were called, the victim later expressed her desire to drop charges. Evidence also was presented that the victim wrote a letter concerning the charges in this case stating she “didn’t want to file a rape [charge] against [Sutton] because I guess it wasn’t really rape.”
Following a hearing, the trial court ruled these prior difficulties admissible, concluding that the probative value of the evidence outweighed its prejudicial impact. The court found that the incidents showed “a pattern of abuse Mr. Sutton uses on [the victim] to get his way. It shows a predisposition of violence to negate the element of consent.” As further basis for its ruling, the court stated that this evidence showed Sutton’s “state of mind, that he habitually uses violence to get his way” and that the prior difficulties showed “a continuing pattern of battery and shows he has the intent to use it whenever he needs to do so to punish [the victim], to get his way, to intimidate her, and ultimately to force her to consent to sex and kidnapping her to get her there.” We note that before evidence of these prior difficulties was introduced, the trial court instructed the jury on the limited purpose for which the evidence could be considered. See Wall v. State, 269 Ga. 506, 509 (500 SE2d 904) (1998).
We find no error. The basis for the trial court’s decision is well
Judgment affirmed.
We note that it is no longer necessary for trial courts to “conduct a pre-trial hearing and make certain findings before evidence of prior difficulties between the defendant and the victim can be admitted at trial.” Wall, supra at 509, overruling Maxwell v. State, 262 Ga. 73, 74 (2) (414 SE2d 470) (1992).