Brinson v. State
Decision Date | 29 April 1993 |
Docket Number | No. A93A0159,A93A0159 |
Citation | 208 Ga.App. 556,430 S.E.2d 875 |
Parties | BRINSON v. The STATE. |
Court | Georgia Court of Appeals |
Charles R. Sheppard, Augusta, for appellant.
Michael C. Eubanks, Dist. Atty., Richard E. Thomas, Nancy J. Berger, Asst. Dist. Attys., for appellee.
Appellant was tried before a jury and found guilty of burglary and aggravated sodomy. He appeals from the judgments of conviction and sentences entered by the trial court on the jury's verdicts of guilt.
1. Over appellant's hearsay objection, the investigating officer was permitted to relate the victim's description of her assailant, given to the officer ten or fifteen minutes after the victim had been taken to the hospital. The trial court's evidentiary ruling that her description came within the res gestae exception to the hearsay rule is enumerated as error.
This testimony as to what the victim told the witness very shortly after the attack was properly admissible as part of the res gestae pursuant to OCGA § 24-3-3. Haralson v. State, 234 Ga. 406, 407-408(3), 216 S.E.2d 304 (1975); Barker v. State, 144 Ga.App. 339-340(2), 241 S.E.2d 11 (1977). Littles v. State, 236 Ga. 651, 652(2), 224 S.E.2d 918 (1976). [Cit.] A trial determination that evidence is admissible as part of the res gestae will not be disturbed unless it is clearly erroneous. Robinson v. State, 197 Ga.App. 600, 601(2), 399 S.E.2d 94 (1990). We find no error.
2. Over appellant's "chain of custody" objection, the trial court admitted into evidence the test results of a medical rape evidence kit containing a blood sample and an alleged semen sample taken from the body of the victim. "The evidence shows that the blood [and other fluid] sample[s] [were] handled in the normal course of testing and there is nothing in the record that creates a suspicion that the [samples] tested [were] other than [those] taken from the [body of the victim]." Patterson v. State, 224 Ga. 197, 199(2), 160 S.E.2d 815 (1968). Richards v. State, 189 Ga.App. 146, 147(1), 375 S.E.2d 278 (1988). Langham v. State, 196 Ga.App. 71, 72(1), 395 S.E.2d 345 (1990). See also Mutcherson v. State, 179 Ga.App. 114, 345 S.E.2d 661 (1986).
3. Appellant was charged with the burglary of a motel room. At the close of the State's evidence, he moved for a directed verdict of acquittal as to the burglary charge. The denial of that motion is enumerated as error.
Appellant argues that because he was a friend of the persons renting the motel room he had implied permission to enter through the open door. However, the lodgers testified that they had not given him permission to enter, but that they were on their way out when appellant knocked on their door. They told appellant that they were leaving and left with the door closed and locked. Appellant then entered the room when the motel maid, the victim of appellant's sexual assault, left the door open while she was cleaning the room.
Caldwell v. State, 183 Ga.App. 110, 111(1), 357 S.E.2d 845 (1987). Murphy v. State, 238 Ga. 725,...
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