Gido v. State
| Decision Date | 16 February 1995 |
| Docket Number | No. A94A2245,A94A2245 |
| Citation | 216 Ga.App. 330,454 S.E.2d 201 |
| Parties | GIDO v. The STATE. |
| Court | Georgia Court of Appeals |
Melissa M. Nelson, Decatur, for appellant.
J. Tom Morgan, Dist. Atty., Barbara B. Conroy, Jeffrey H. Brickman, Asst. Dist. Attys., for appellee.
Rene Gido appeals his conviction of the offenses of rape, statutory rape, kidnapping with bodily injury and robbery by force.
The evidence at trial, viewed in the light most favorable to the verdict, shows the following. At approximately 2:45 one morning, the 13-year-old victim was waiting for a friend outside a nightclub. A man, later identified as Gido, approached the victim and asked her name. When the victim told Gido she did not talk to strangers, he grabbed her tightly around the waist and dragged her up the street. As they approached an intersection, the victim got away and ran across the street. Gido caught the victim and pushed her down an embankment. At the bottom of the embankment, he threw the victim between two bushes. Gido then picked up the victim, and as he moved her beyond a beam of light, she broke free and ran up the embankment. As she ran, money fell from her pantyhose, which Gido picked up, put in his pocket and said, "I guess this is for me." Gido again caught the victim, pushed her into the bushes and pulled her shirt open and broke her brassiere strap and the elastic band at the top of her shorts. With one hand on the victim's throat, Gido ripped off her shorts and pantyhose. At the same time, the victim was biting Gido, pulling his hair, screaming for help and trying to get away. Still holding the victim's throat, Gido pulled down his pants, and began having intercourse. When the victim continued crying for help, Gido punched her twice in the stomach and told her to shut up or he would kill her.
At that time, a security guard patrolling the parking lot of a nearby adult entertainment club, heard the victim scream "rape." The club's valet called the police and the guard ran in the direction of the screams. As he approached the area of the screams he turned on his flashlight, and from approximately ten feet away saw Gido, with his pants around his knees, on top of the victim, moving in "up and down intercourse type motions." When the guard yelled "freeze," Gido jumped up and ran up the embankment. At the same time a police officer arrived, who, after a short chase, caught Gido, took him back to the scene, and after the victim identified him, placed Gido under arrest.
Gido contends there was insufficient evidence to support the convictions.
1. OCGA § 16-6-1(a). In the instant case, although Gido denied penetrating the victim, her testimony demonstrated evidence of penetration. When asked if Gido penetrated and had sex with her, the victim responded affirmatively. Although Gido argues this testimony was insufficient evidence of vaginal penetration, the victim's statements were corroborated by scientific evidence that she had an "incompletely perforated hymenal ring" and the testimony of the security guard that he saw Gido on top of the victim, with his pants around his knees moving in "up and down intercourse type motions." The forgoing constitutes sufficient evidence from which the jury could conclude there was vaginal penetration. Furthermore, considering the victim's age at the time of the offense, as well as the corroborating evidence of the rape, we conclude that under OCGA § 16-6-3(a) there was sufficient evidence for the jury to find Gido guilty of statutory rape.
2. Gido also argues that the conviction for kidnapping with bodily injury cannot stand because the "bodily injury" that was specified was "rape." ...
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Gadson v. State
...This evidence supports the convictions for rape and kidnapping with bodily injury related to this attack. See Gido v. State, 216 Ga.App. 330, 331-332(1), (2), 454 S.E.2d 201 (1995). The second victim testified that on the afternoon of December 10, she was walking through her neighborhood wh......
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Trusty v. State, A99A0664.
...sister, and that during the incident Trusty engaged in physical motions indicative of vaginal intercourse. See Gido v. State, 216 Ga.App. 330, 331(1), 454 S.E.2d 201 (1995). The victim herself testified that Trusty did the same thing to her that her brother had done, which she explained (ba......