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Olds v. State

Court of Appeals of Georgia

June 26, 2015

OLDS
v.
THE STATE

Cert. applied for.

Similar transactions. Dougherty Superior Court. Before Judge Moulton, Senior Judge.

Kevin C. Armstrong, for appellant.

Gregory W. Edwards, District Attorney, for appellee.

MILLER, Judge. Andrews, P. J., and Branch, J., concur.

OPINION

Page 187

Miller, Judge.

Following a jury trial, Vashon Olds was convicted of false imprisonment (OCGA § 16-5-41 (a)) and battery (OCGA § 16-5-23.1 (a)).[1] Olds appeals from the judgment on his convictions, contending that the trial court abused its discretion in admitting evidence of similar acts over Olds's objections. For the reasons that follow, we affirm.

Viewed in the light most favorable to Olds's convictions,[2] the evidence shows that Olds was a close family friend of the victim, and they were briefly involved in a romantic relationship. In February 2009, the victim moved to Albany to attend college, and she contacted Olds about possibly living in his trailer. The victim and Olds agreed that the victim and her son would move in with Olds, and the victim would pay for half of the utilities. The victim and her son each had their own room and they had their own bathroom that they shared. The victim told Olds that they would not be resuming their prior romantic relationship, and Olds confirmed that he understood.

Shortly after the victim moved in, she and her boyfriend were sitting in a car outside of her grandmother's house when Olds pulled [332 Ga.App. 613] up behind their vehicle, got out of his car, and told the victim's boyfriend that she was " his lady." Olds subsequently apologized for his behavior, and the victim returned to the trailer.

The next day, the victim told Olds that she was going out of town. She got into her car, intending to leave, but then realized that she had forgotten her son's jacket in the trailer. The victim went inside the trailer and, as she walked into her bedroom, Olds followed her. When the victim asked Olds what he was doing, he responded that he was getting ready to take out the trash. The victim then walked down the hallway, and Olds jumped her from behind, while holding a white tie in his hand. The victim put her arms up to keep the tie away from her neck and avoid being choked.

The victim begged Olds to let her go, but he told her " you're not going anywhere," and he pushed her onto a chair in his bedroom. Olds then tied up the victim, picked her up and threw her on the bed. When the victim again begged him to stop, Olds got on top of her and told her that if she cooperated and shut up, " it'll be over with." Olds began to unbutton and unzip the victim's pants. The victim screamed, and Olds put his hands over the victim's nose and mouth so that she could not breathe.

Olds then duct taped the victim's mouth. When she removed the tape, he told her that if she screamed, he was going to kill her. Olds also told the victim that he was going to kill himself because he was " not going back to prison." When the victim continued to plead with Olds, he turned her over and sat her up on the edge of the bed. The victim ...


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