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Olds v. State

Court of Appeals of Georgia, Second Division

February 28, 2017

OLDS
v.
THE STATE.

          MILLER, P. J., ANDREWS and BRANCH, JJ.

          MILLER, PRESIDING JUDGE.

         This case involves the admission of extrinsic acts evidence under OCGA § 24-4-404 (b) ("Rule 404 (b)"), to establish defendant, Vashon Olds's, intent, plan, and motive in his trial for kidnapping, aggravated assault with intent to rape, false imprisonment and battery.

         In Olds v. State, 299 Ga. 65 (786 S.E.2d 633) (2016) (Olds II), the Supreme Court of Georgia vacated the judgment of this Court in Olds v. State, 332 Ga.App. 612 (774 S.E.2d 186) (2015) (Olds I), and remanded with direction for this Court to consider the admissibility of the extrinsic acts evidence in light of Olds II. We therefore vacate our opinion in Olds I, supra, and reconsider as directed.

          After a thorough review, we find that the extrinsic acts evidence was relevant and admissible, under OCGA § 24-4-404 (b), [1] to show Olds's intent and motive. We further find that the probative value of the extrinsic acts evidence was more significant than any prejudicial effect, and that the State offered sufficient proof of the extrinsic acts for the jury to conclude that Olds committed them. Consequently, we now hold that the trial court properly admitted the extrinsic acts evidence, and we affirm Olds's convictions.

         Viewed in the light most favorable to Olds's convictions, [2] the facts in this case show that Olds was a close family friend of the victim, and they were briefly involved in a romantic relationship. In February 2009, a few years after their relationship had ended, the victim and her son moved into Olds's trailer. 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, Olds told the victim's boyfriend that he considered the victim to be "his lady." The next day, the victim told Olds that she was going out of town. As she was getting ready to leave, the victim realized that she had forgotten her son's jacket, so she went back inside the trailer. Olds followed her, and jumped her from behind, while holding a tie in his hand. The victim put her arms up to keep the tie away from her neck and to avoid being choked.

         Although the victim begged Olds to let her go, he pushed her onto a chair in his bedroom, tied her up, and threw her on the bed. Olds then got on top of her and told her that if she cooperated and shut up, "it'll be over with." When Olds started to unzip the victim's pants, she screamed and Olds put his hands over her nose and mouth so that she could not breathe.

         Olds duct taped the victim's mouth, however, the victim used her hands to remove the tape and screamed again. Olds then told the victim, that if she screamed again, he would kill her. The victim continued to plead with Olds for about 30 minutes, until he released her.

         Following the incident in the trailer, Olds was charged with kidnapping, aggravated assault with intent to rape, battery, and false imprisonment. The trial court admitted evidence of Olds's prior extrinsic acts, which occurred in June 1999 and August 2012, to show Olds's intent, plan, and motive under Rule 404 (b).

          Specifically, the extrinsic acts evidence showed that in June 1999, Olds called T. H., a woman with whom he had been romantically involved. Olds told T. H. that she had forgotten something at his house and he said he would come over to return the item. When Olds arrived, he came up behind T. H. with a knife, told her he was not leaving, said if he could not have her, then nobody else would, and then cut her chin.

         The extrinsic acts evidence also showed that Olds was acquainted with K. B., and, in August 2012, he took K. B. shopping and then drove her to his home. When they arrived at his home, Olds told K. B. that she had to come inside. K. B. followed Olds up to his room, and stood by the door for a little bit. K. B. then tried to leave and Olds grabbed her from behind. Olds threw K. B. onto the bed, held her down, pulled down her shorts and underwear and forcibly penetrated her vagina with his tongue. K. B. told Olds to stop and tried to push him away, but he refused to stop, and he tried to forcibly penetrate K. B.'s vagina with his penis.

         On appeal, Olds contends that the trial court erred in admitting evidence of these extrinsic acts over his objection. We disagree, and as set forth herein we conclude that the extrinsic acts evidence was admissible, ...


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