Cooley v. State, A91A1287

• Court: United States Court of Appeals (Georgia)
• Writing for the Court: McMURRAY; SOGNIER, C.J., and ANDREWS
• Citation: 201 Ga.App. 171,410 S.E.2d 453
• Parties: COOLEY v. The STATE.
• Docket Number: No. A91A1287,A91A1287
• Decision Date: 10 September 1991

Page 453

410 S.E.2d 453

201 Ga.App. 171

COOLEY v. The STATE.

No. A91A1287.

Court of Appeals of Georgia.

Sept. 10, 1991.

W. Edward Nethery, John H. Tarpley, Decatur, for appellant.

Robert E. Wilson, Dist. Atty., Barbara B. Conroy, Nelly F. Withers, Asst. Dist. Attys., for appellee.

McMURRAY, Presiding Judge.

Defendant Cooley appeals his conviction of the offenses of rape, kidnapping with bodily injury, and robbery. Held:

1. Defendant's first enumeration of error raises the sufficiency of the evidence to authorize defendant's conviction on each charge. The evidence viewed in the light most favorable to upholding the verdict shows that the victim was staying temporarily with a friend, Acker. When the victim returned to Acker's apartment around 11:30 p.m., she found defendant present. After a conversation with the victim and defendant, Acker indicated that he was ready to go to sleep. The victim and defendant left the apartment at that time and went to the nearby apartment of defendant's mother. Defendant became embroiled in an argument with family members and the victim returned to Acker's apartment. Shortly thereafter, defendant returned to Acker's apartment and accused the victim of having taken some money from him. An argument began between the two and as it escalated Acker asked them to go outside. The victim and defendant continued to argue as they walked back to the vicinity of the apartment of defendant's mother. Defendant insisted that the victim proceed further and she refused at which point defendant knocked the victim unconscious causing her to suffer a broken tooth and various cuts and scratches about the face. The victim regained consciousness in a vacant apartment near defendant's mother's apartment; she had been disrobed. Defendant was lying on the victim as she regained consciousness and he proceeded by forcibly overcoming her resistance to have carnal knowledge of her. Afterwards, as the victim was fleeing the scene, defendant chased her down on the street and forcibly took her handbag from her.

Although defendant testified as to another account of the incident including that the sexual intercourse was consensual, the determination of credibility and resolution of conflicts in the evidence are for the jury. This Court does not reweigh the evidence but only determines its legal sufficiency. Holcomb v. State, 198 Ga.App. 547(1), 402 S.E.2d 520. The evidence is sufficient to authorize any rational trier of fact to find defendant guilty beyond a reasonable doubt of the offenses charged. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560; Hunnicutt v. State, 198 Ga.App. 572, 575, 402 S.E.2d 534.

2. Defendant contends the trial court erred by admitting evidence of a similar transaction, a previous rape which like the crime at issue occurred late at night after defendant had been drinking and using marijuana. "In criminal cases, the rule admitting evidence of similar crimes is an exception to the general rule against prejudicially putting a defendant's character in issue. Millwood v. State, 164 Ga.App. 699 (296 SE2d 239). But where its relevance to show identity, motive, plan, scheme, bent of...