Ramsey v. State
| Decision Date | 27 June 1978 |
| Docket Number | No. 33572,33572 |
| Parties | RAMSEY v. The STATE. |
| Court | Georgia Supreme Court |
Grubbs & Grubbs, Adele P. Grubbs, David S. Marotte, Marietta, for appellant.
We granted certiorari to consider whether an FBI "rap sheet," upon which no courts, no dates of crimes, convictions or pleas, no indictment numbers or statements of the actual crimes are listed, is sufficient pre-trial notice of prior convictions upon which the state expects to rely and will tender in evidence in aggravation upon the sentence portion of a bifurcated trial. The Court of Appeals held that it was sufficient, relying upon Peters v. State, 131 Ga.App. 513, 516(a), 206 S.E.2d 623 (1974). We do not agree and reverse.
Billy Joe Ramsey was convicted by a jury of rape and incest. The jury was discharged under Code Ann. § 27-2503 (Ga.L.1974, pp. 352, 355) and a presentence hearing held. The state tendered a certified copy of a prior conviction for robbery to be considered in aggravation. The defendant objected, arguing that under the terms of the statute, he did not receive notice as required. The state showed it gave the defendant's counsel an FBI "rap sheet" almost two months prior to trial upon which the prosecutor had circled four items, and that the certified prior conviction offered corresponded with the first of these circled notations. The court overruled the objection, admitted the record of the prior conviction and sentenced the defendant to 15 years, 7 years to serve for rape, and 3 years, consecutive, for incest. In relying upon Peters v. State, supra, to affirm the lower court, the Court of Appeals held that the FBI "rap sheet" containing a "
1. Code Ann. § 27-2534 was superseded by Code Ann. § 27-2503 in 1974 (Ga.L.1974, supra.) However, the language relating to notice is identical in the two sections and "The 1974 Act, supra, did not change the evidence which would be admissible at such hearing." Brown v. State, 235 Ga. 644, 648, 220 S.E.2d 922, 926 (1975).
2. The FBI "rap sheet" here is a fingerprint record, listing nine entries under the name of Billy Joe Ramsey. It lists no courts, case or indictment numbers; no list of the convictions, pleas, etc., to stated offenses and therefore, Peters v. State, supra, is inapposite. In a disclaimer printed across the bottom of the record, the FBI states the ". . . notations have been furnished to the bureau concerning Individuals of the same or similar names or aliases and are only listed as investigative leads." (Emphasis supplied.) The form lists the agency forwarding the fingerprint record, the name and number assigned to the defendant, Billy Joe Ramsey, on a date "arrested or received" by the reporting agency, the charge and a disposition. The first entry circled shows the defendant was arrested...
To continue reading
Request your trial
-
Baker v. State
...v. State, 149 Ga.App. 544, 254 S.E.2d 757 (1979); Ramsey v. State, 145 Ga.App. 60, 243 S.E.2d 555 (1978), revd. on other grounds 241 Ga. 426, 246 S.E.2d 190; Wynne v. State, 139 Ga.App. 355, 228 S.E.2d 378 (1976). Based on this evidence, a rational trier of fact could find the appellant gui......
-
Hyman v. State
...271 Ga. 780, 782, 523 S.E.2d 14 (1999); Ramsey v. State, 145 Ga. App. 60, 62(7), 243 S.E.2d 555 (1978), rev'd on other grounds, 241 Ga. 426, 246 S.E.2d 190 (1978). Thus, there was no reversible error, if there was error at 4. The trial court charged the jury that "[a]ll witnesses who take t......
-
Love v. State
...of rape, as intended by [OCGA § 16-1-6]." Ramsey v. State, 145 Ga.App. 60, 64(10), 243 S.E.2d 555, reversed on other grounds, 241 Ga. 426, 246 S.E.2d 190. Accordingly, defendant's conviction and sentence on the incest charge must be vacated. McCranie v. State, 157 Ga.App. 110, 111(1), 276 S......
-
White v. State
...58 S.E.2d 181 (1950). See also Ramsey v. State , 145 Ga. App. 60, 63 (8), 243 S.E.2d 555 (1978), reversed on other grounds, 241 Ga. 426, 246 S.E.2d 190 (1978). Here, "the jury clearly would recognize [the self-defense charge] applied to the [male] defendant [who had raised such a defense] w......