Dorsey v. State, A91A1753
| Decision Date | 17 March 1992 |
| Docket Number | No. A91A1753,A91A1753 |
| Parties | DORSEY v. The STATE. |
| Court | Georgia Court of Appeals |
Roger K. Ghai, Atlanta, for appellant.
Lewis R. Slaton, Dist. Atty., Joseph J. Drolet, Doris L. Downs, Carl P. Greenberg, Asst. Dist. Attys., for appellee.
Appellant was found guilty by a jury of aggravated assault with intent to rape, robbery by intimidation and kidnapping. Following the denial of his motion for new trial, he filed this appeal.
The crimes alleged in the indictment occurred one night following a concert which the victim and her boyfriend had attended. After the concert, the victim and her boyfriend had an argument, and the boyfriend left the car and started walking home alone. The victim left the area but later returned to look for her boyfriend when she met appellant, who under the guise of helping her look for her boyfriend, abducted the victim, forced her at gunpoint to give him her rings and withdraw money from an automated teller machine ("ATM") and sexually assaulted her in the parking lot of the bank. The victim testified that appellant suddenly stopped his assault on her about the time she noticed that two men had approached the area. One of the men was using a nearby pay telephone, and the other withdrew money from the same ATM that the victim had used. The victim began talking loudly, and appellant backed away from her. The victim then drove away hurriedly. Shortly after the assault, the police received a call about a possible robbery in the parking lot of the bank. The officer who responded to the call stated that upon arriving at the scene, he spoke with a man who told him that while he was using the pay telephone, he saw a man and a woman who appeared to be having an argument in the parking lot. The man stated that he overheard the woman say to the man something to the effect that he already had her rings and that she did not understand why he was making her do this. The man also gave the officer a physical description of the suspect and from the description, the officer testified that he had a general idea of who the suspect was, based on his knowledge of the area where the assault occurred. The following day, the victim reported the assault to the police and gave a description of the suspect. Two days after the assault, the officer was responding to another call when he saw a man who matched the description of the suspect in the victim's case. The officer approached the man, asked him if he had anything in his pockets, and the man produced a knife. The officer noticed that the blade of the knife was over three inches long in violation of the knife ordinance. The officer asked the man if he had anything else in his pockets, and the man took out several rings which the officer believed to have been involved in the victim's case. The officer placed appellant under arrest for violation of the knife ordinance and then telephoned the victim and asked her to describe the rings that were taken. Appellant was subsequently arrested and charged with rape, kidnapping and armed robbery.
1. Appellant contends the trial court erred in denying his motion for continuance made on the day of trial. During their investigation of the assault, the police discovered the name of a person who withdrew money from the ATM shortly after the victim. On March 1, 1990, the State provided appellant's counsel with that person's name and his P.O. Box address. On March 5, 1990, the State gave appellant's counsel the telephone number of the witness. On March 7, 1990, an investigator for appellant left a subpoena in the witness' dormitory room, but the witness was never personally served. When...
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