MILLER, P. J., ANDREWS and BRANCH, JJ.
MILLER, PRESIDING JUDGE.
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.
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.
a thorough review, we find that the extrinsic acts evidence
was relevant and admissible, under OCGA § 24-4-404 (b),
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.
in the light most favorable to Olds's convictions,
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.
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.
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.
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.
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.
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.
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, ...