Gunter v. State
Decision Date | 22 November 1994 |
Docket Number | No. A94A2335,A94A2335 |
Citation | 451 S.E.2d 108,215 Ga.App. 517 |
Parties | GUNTER v. The STATE. |
Court | Georgia Court of Appeals |
Little & Adams, Sam F. Little, Dalton, for appellant.
Jack O. Partain III, Dist. Atty., Dalton, for appellee.
David Lee Gunter appeals his conviction of child molestation for exposing himself to a minor. Gunter was found not guilty of enticing a child for indecent purposes.
The victim was nine years old at the time of the incident alleged in the indictment. The victim testified that Gunter stopped his small gray hatchback car on the street near where she stood, raised himself up, and put his hand on his exposed genitals.
The evidence of similar transactions involved testimony regarding two incidents in the same neighborhood in which a man in a gray car stopped in the road near little girls and attempted to entice them to come to his car. The similar transactions occurred within a few days of each other and approximately six months prior to the incident alleged in the indictment. In one incident, a man with dark brown hair attempted to give an eleven-year-old girl some money by waving it from his car and asking her if she wanted some money. The witness also saw the same car stop near a friend, who ran away from the car screaming. She further identified a picture of the car which Gunter used as the one being driven in her neighborhood from which she obtained the license plate number. The second incident involved a man in a gray four-door car who stopped beside an eleven-year-old girl. The car door was open and the man said, "Come here, little girl, I have something to show you." Again, the witness identified Gunter's car as the same car which stopped beside her.
1. In his first enumeration of error, Gunter contends that the trial court erred in allowing the evidence of similar transactions before the jury. Specifically, Gunter argues there was insufficient proof that he committed the similar transactions, and they were not similar to the crime of child molestation.
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