Strozier v. State, 28242
| Decision Date | 20 September 1973 |
| Docket Number | No. 28242,28242 |
| Parties | Eddie James STROZIER v. The STATE. |
| Court | Georgia Supreme Court |
Robert L. O'Neil, Atlanta, for appellant.
Lewis R. Slaton, Dist. Atty., Isaac Jenrette, Morris H. Rosenberg, Carter Goode, Arthur K. Bolton, Atty. Gen., Courtney Wilder Stanton, Asst. Atty. Gen., B. Dean Grindle, Deputy Asst. Atty. Gen., Atlanta, for appellee.
Syllabus Opinion by the Court
Eddie James Strozier was tried and convicted of armed robbery, rape and kidnapping in a single trial in Fulton Superior Court on November 3, 1971, and was sentenced to 20 years for the armed robbery, 20 years on the kidnapping charge and to death for the rape. Appellant made a motion for a new trial in these three cases, said motion being granted as to the sentencing trial only. In the new single sentencing trial on March 12, 1973, appellant was sentenced to 20 years imprisonment for rape, 5 years imprisonment for armed robbery, to be served concurrently with the sentence for rape and 15 years on the kidnapping conviction, said sentence to follow the sentence served on the rape conviction. Appellant made an amended motion for a new trial as to sentencing, this motion was denied on July 13, 1973, and he appeals from this ruling and judgment. Held:
1. The appellant contends that the court below erred in allowing the sworn testimony of the rape victim to be read into evidence in the second sentencing trial. With this contention we do not agree. It appears from the record that counsel for the state made the following statement: 'Both counsel for the state and the defendant are agreeing that we would not call any witnesses for the sentencing phase of this trial and that we would read the transcript of the trial of the victim's testimony into the record and before the jury and that defendant would testify or make his unsworn statement as he sees fit.' The defense counsel in response to a question by the trial judge as to whether that was satisfactory to him and to the defendant replied, 'Yes, it is part of the stipulation.' Subsequent to the return of the jury in the sentencing trial and the rendering of their verdict the trial judge inquired if the appellant had any objections. Defense counsel replied, 'No.' At this time the appellant said the following:
We have held in the past and so hold now that a party cannot sit idly by and ignore what appears to him to be an injustice, in the hope of a favorable verdict, and then...
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