Brooks v. State, 498 S.E.2d 139 (Ga. Ct. App. 1998). · Go Syfert
Brooks v. State, 498 S.E.2d 139 (Ga. Ct. App. 1998). Cases Citing This Book View Copy Cite
94 citation events (70 in the last 25 years) across 1 distinct court.
Strongest positive: Lakes v. State (gactapp, 2012-02-07)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 17 distinct citers.
discussed Cited as authority (rule) Lakes v. State
Ga. Ct. App. · 2012 · confidence medium
Evidence of an earlier assault on a woman is material to the issue of consent or the lack thereof, and has a direct bearing on appellant’s bent of mind.” (Citation and punctuation omitted.) Brooks v. State, 230 Ga. App. 846, 847 (1) ( 498 SE2d 139 ) (1998).
discussed Cited as authority (rule) Cherry v. State
Ga. Ct. App. · 2009 · confidence medium
Accordingly, we deny the State’s motion to supplement the record on appeal with copies of the videotape taken from the officer’s body pack, copies of calls to 911 placed by both Cherry and Jarrell, or transcripts of the auditory portions of any of the foregoing. 5 Brooks v. State, 230 Ga. App. 846, 846 (1) ( 498 SE2d 139 ) (1998). 6 Rolle v. State, 286 Ga. App. 191, 192 ( 648 SE2d 712 ) (2007). 7 Mattox v. State, 287 Ga. App. 280, 282 (1) ( 651 SE2d 192 ) (2007). 8 Woods v. State, 250 Ga. App. 164, 166 (1) (a) ( 550 SE2d 730 ) (2001). 9 Brigman v. State, 282 Ga. App. 481, 485 (2) ( 639 SE2…
discussed Cited as authority (rule) Rivera v. State
Ga. Ct. App. · 2006 · confidence medium
Blackburn, P. J., and Adams, J., concur. 1 277 Ga. App. 195 ( 626 SE2d 167 ) (2006). 2 (Punctuation omitted.) Id. at 195-196 . 3 (Citation and punctuation omitted.) Smith v. State, 247 Ga. App. 173, 174 ( 543 SE2d 434 ) (2000). 4 (Footnotes omitted.) Edwards v. State, 271 Ga. App. 415, 416-417 (1) (c) ( 609 SE2d 741 ) (2005). 5 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 6 See Rollinson v. State, 276 Ga. App. 375, 380 (1) (d) ( 623 SE2d 211 ) (2005). 7 See Brooks v. State, 230 Ga. App. 846, 849 (3) ( 498 SE2d 139 ) (1998). 8 Peebles v. State, 260 Ga. 430,431 (1) ( 396 SE2d 229 ) (1990), ci…
discussed Cited as authority (rule) Ledford v. State (2×)
Ga. Ct. App. · 2005 · confidence medium
(Citations and punctuation omitted.) Brooks v. State, 230 Ga. App. 846, 846-847 (1) ( 498 SE2d 139 ) (1998).
discussed Cited as authority (rule) Lewis v. State
Ga. Ct. App. · 2005 · confidence medium
Miller and Bernes, JJ., concur. 1 OCGA § 16-6-4. 2 OCGA § 16-6-4 (c). 3 OCGA § 16-6-3. 4 OCGA § 16-6-22. 5 Short v. State, 234 Ga. App. 633, 634 (1) ( 507 SE2d 514 ) (1998). 6 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 7 Williams v. State, 251 Ga. 749, 755 (4) ( 312 SE2d 40 ) (1983). 8 Brooks v. State, 230 Ga. App. 846, 847 (1) ( 498 SE2d 139 ) (1998). 9 Johnson v. State, 242 Ga. 649, 652-653 (3) ( 250 SE2d 394 ) (1978). 10 Phelps v. State, 158 Ga. App. 219 (2) ( 279 SE2d 513 ) (1981). 11 Little v. State, 278 Ga. 425, 426 (2) ( 603 SE2d 252 ) (2004). 12 Charo v. S…
discussed Cited as authority (rule) Williams v. State (2×)
Ga. Ct. App. · 2003 · confidence medium
Accord Jackson v. State, 243 Ga. App. 289, 293 (3) (h) ( 531 SE2d 747 ) (2000). 4 (Citations and punctuation omitted.) Jackson v. State, 209 Ga. App. 53, 54 (1) ( 432 SE2d 649 ) (1993). 5 Brewer v. State, 219 Ga. App. 16, 20 (6) ( 463 SE2d 906 ) (1995). 6 Whatley v. State, 266 Ga. 568, 569 (2) ( 468 SE2d 751 ) (1996); Pennymon v. State, 261 Ga. App. 450, 452 (3) ( 582 SE2d 582 ) (2003). 7 Williams v. State, 261 Ga. 640, 642 (2) (b) ( 409 SE2d 649 ) (1991). 8 Wayne v. State, 269 Ga. 36, 39 (3) ( 495 SE2d 34 ) (1998). 9 (Citation and punctuation omitted.) Brooks v. State, 230 Ga. App. 846, 847 (…
discussed Cited as authority (rule) Frazier v. State
Ga. Ct. App. · 2003 · confidence medium
J., and Miller, J., concur. 1 See Pickard v. State, 257 Ga. App. 642 (1) ( 572 SE2d 660 ) (2002). 2 See id. 3 (Punctuation omitted.) Dunagan v. State, 255 Ga. App. 309 (1) ( 565 SE2d 526 ) (2002). 4 See id.; Havron v. State, 234 Ga. App. 413, 414 (1) ( 506 SE2d 421 ) (1998). 5 See Havron, supra; Dunagan, supra. 6 See Peterson v. State, 253 Ga. App. 390, 392 (2) ( 559 SE2d 126 ) (2002); Eggleston v. State, 247 Ga. App. 540, 541 (1) ( 544 SE2d 722 ) (2001); Brooks v. State, 230 Ga. App. 846, 847 (1) ( 498 SE2d 139 ) (1998); Gibbins v. State, 229 Ga. App. 896, 899 (4) ( 495 SE2d 46 ) (1997). 7 Se…
discussed Cited as authority (rule) Glass v. State
Ga. Ct. App. · 2002 · confidence medium
J., and Miller, J., concur. 1 248 Ga. App. 91 ( 545 SE2d 360 ) (2001). 2 Batson v. Kentucky, 476 U. S. 79 (106 SC 1712, 90 LE2d 69) (1986). 3 Patterson v. State, 233 Ga. App. 776 (1) ( 505 SE2d 518 ) (1998). 4 Patterson v. State, 225 Ga. App. 515 ( 484 SE2d 317 ) (1997). 5 Dominguez-Vega v. State, 253 Ga. App. 562 (1) ( 560 SE2d 56 ) (2002); McIntosh v. State, 247 Ga. App. 640, 641 (1) ( 545 SE2d 61 ) (2001). 6 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 7 OCGA § 16-6-1 (a) (1). 8 OCGA § 16-6-22.2 (b). 9 Banks v. State, 250 Ga. App. 728, 731 (4) ( 552 SE2d 903 ) (200…
cited Cited as authority (rule) Wagner v. State
Ga. Ct. App. · 2002 · confidence medium
Brooks v. State, 230 Ga. App. 846, 847 (1) ( 498 SE2d 139 ) (1998).
cited Cited as authority (rule) Caldwell v. State
Ga. Ct. App. · 2000 · confidence medium
Brooks v. State, 230 Ga. App. 846, 847 (1) ( 498 SE2d 139 ) (1998).
discussed Cited as authority (rule) Roberts v. State
Ga. Ct. App. · 2000 · confidence medium
J., and McMurray, P. J, concur. 1 Patterson v. State, 225 Ga. App. 515 ( 484 SE2d 317 ) (1997). 2 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Patterson, supra, 225 Ga. App. 515 . 4 Id. 5 Id. 6 OCGA § 16-6-1 (a) (1). 7 Curtis v. State, 236 Ga. 362 (1) ( 223 SE2d 721 ) (1976). 8 Id. 9 (Citation and punctuation omitted.) Raines v. State, 191 Ga. App. 743, 744 (1) ( 382 SE2d 738 ) (1989). 10 Watson v. State, 235 Ga. 461, 463 (2) ( 219 SE2d 763 ) (1975). 11 Curtis, supra, 236 Ga. at 363 (1). 12 (Citation and punctuation omitted.) Raines, supra, 191 Ga. App. at 744 (1) (rape conviction was up…
cited Cited as authority (rule) Jones v. State
Ga. Ct. App. · 1999 · confidence medium
Brooks v. State, 230 Ga. App. 846, 847 (1) ( 498 SE2d 139 ) (1998).
cited Cited as authority (rule) Goodroe v. State
Ga. Ct. App. · 1999 · confidence medium
See, e.g., Culver v. State, 230 Ga. App. 224, 229 (3) ( 496 SE2d 292 ) (1998) (lustful disposition); Brooks v. State, 230 Ga. App. 846, 847 ( 498 SE2d 139 ) (1998) (bent of mind).
discussed Cited "see" Kidd v. State (2×)
Ga. Ct. App. · 2005 · signal: see · confidence high
See Brooks v. State, 230 Ga. App. 846 (1) ( 498 SE2d 139 ) (1998).
discussed Cited "see" Collins v. State (2×)
Ga. Ct. App. · 2000 · signal: see · confidence high
See Brooks v. State, 230 Ga. App. 846 (1) ( 498 SE2d 139 ).
discussed Cited "see" Maxey v. State (2×)
Ga. Ct. App. · 1999 · signal: see · confidence high
See Brooks v. State, 230 Ga. App. 846 (1) ( 498 SE2d 139 ) (1998) (the decision to admit prior similar transaction evidence is within the discretion of the trial court and will not be disturbed absent an abuse of discretion).
discussed Cited "see" Smith v. State (2×)
Ga. Ct. App. · 1999 · signal: see · confidence high
See Brooks v. State, 230 Ga. App. 846 (1) ( 498 SE2d 139 ) (1998).
Brooks
v.
the State
A98A0191.
Court of Appeals of Georgia.
Feb 27, 1998.
498 S.E.2d 139
Lynch, Spears & Shuman, John H. Tarpley, for appellant., J. Tom Morgan, District Attorney, Robert M. Coker, Lee A. Man-gone, Assistant District Attorneys, for appellee.
Blackburn, McMurray, Banke.
Cited by 45 opinions  |  Published
Blackburn, Judge.

Brian Brooks appeals his conviction of rape, statutory rape, child molestation, and giving a false name to a police officer. The trial court imposed sentence on the rape and false name charges and held that the remaining charges merged with the rape conviction. Brooks contests the sufficiency of the evidence. He also contends the trial court erred in allowing into evidence similar transaction evidence and evidence of his custodial statements.

1. Brooks contends the trial court erred in allowing evidence of a prior similar transaction. “Williams v. State, 261 Ga. 640, 641-642 (2) (409 SE2d 649) [(1991)] provides that before admission of similar transaction evidence, the State must affirmatively show that (1) it is introducing evidence of an independent offense or act for an appropriate purpose, (2) there is sufficient evidence to establish that the accused committed the independent offense or act, and (3) there is sufficient connection or similarity between the independent offense or act and the crime charged so that proof of the former tends to prove the latter.” McKibbons v. State, 226 Ga. App. 452, 454-455 (3) (486 SE2d 679) (1997). A trial court’s determination that similar transaction evidence is admissible will not be disturbed absent an abuse of discretion. See Rodriguez v. State, 211 Ga. App. 256, 259 (4)[*847] (b) (439 SE2d 510) (1993); Evans v. State, 209 Ga. App. 606, 607 (2) (434 SE2d 148) (1993).

Brooks contends that the prior transaction was not sufficiently similar to the present charges to warrant admissibility. This contention is without merit. In the present case, the victim testified that she met Brooks on a subway train and gave him her telephone number. A couple of days later, Brooks called her and asked to see her. The next day, she went to his aunt’s apartment. They were watching televisión in the bedroom when Brooks began kissing her on the neck. At some point thereafter, she tried to leave, but he pulled her back to the bed. She noticed a butcher knife on the side of the pillow, which Brooks told her was there for his safety. She started crying and told Brooks to let her go, but he pushed her against the wall and threatened to hit her if she did not shut up. He then threw her on the bed and had forcible intercourse with her.

With respect to the similar transaction, the State presented evidence that Brooks had previously raped his former girl friend. The former girl friend testified that she had met Brooks on a bus, where he had asked for her phone number, and that they dated for a few weeks. About a month after they stopped dating, Brooks came to her house early one morning. He began touching her and refused to stop when she asked him to. She tried to push him away, but he kept fondling her and trying to put his finger in her vagina. When she told him to get off her, he pulled down her pants and raped her. Brooks pled guilty in Maryland to two counts of attempted sexual offense in connection with this incident.

“A similar transaction need not be identical in order to be admissible. The ultimate issue in determining admissibility of similar transaction evidence is not mere similarity but relevance to the issues of the case on trial.” (Citation and punctuation omitted.) Woods v. State, 224 Ga. App. 52, 55 (3) (479 SE2d 414) (1996). “[W]here forcible sexual assaults are involved, there is at least much sociological evidence to support the conclusion that this type of deviant sexual behavior is a sufficiently isolated abnormality so that proof of the propensity of the defendant to engage in it is at least admissible, and to this extent proof of the one tends to establish the other. Particularly in the area of sexual offenses, the admissibility of similar transaction evidence is liberally construed. Evidence of an earlier assault on a woman is material to the issue of consent or the lack thereof, and has a direct bearing on appellant’s bent of mind. Such evidence would tend to [establish] that appellant has a propensity to initiate or continue an encounter without a woman’s consent and, in fact, against her explicit request to stop. . . . Such evidence also corroborates the victim’s testimony that appellant acted in the manner charged.” (Citations and punctuation omitted.) McBee v. [*848] State, 228 Ga. App. 16, 18-19 (1) (491 SE2d 97) (1997).

Under these circumstances, the trial court did not err in allowing evidence of the prior sexual assault. See Upshaw v. State, 215 Ga. App. 529, 530 (2) (451 SE2d 125) (1994).

2. Brooks contends that the evidence was insufficient because, other than the testimony of the victim, there was no evidence that he had sexual intercourse with her. As an initial matter, we note that “corroboration of a victim’s testimony is unnecessary to support a rape conviction.” Littleton v. State, 225 Ga. App. 900, 901 (1) (485 SE2d 230) (1997). Although corroboration is necessary to support a statutory rape conviction, see OCGA § 16-6-3 (a) (“no conviction shall be had for [statutory rape] on the unsupported testimony of the victim”), Brooks was not sentenced on the statutory rape conviction, which merged with the rape conviction.

Moreover, there was ample evidence corroborating the victim’s testimony. Shortly after the incident, the victim told her boyfriend what had happened. She then called the police, who took her to the hospital for a medical examination. The physician who examined the victim testified that he discovered sperm indicating recent sexual activity. He further testified that his findings were consistent with the victim’s claim of sexual assault. Furthermore, Brooks admitted to police that he had had intercourse with the victim. Viewed in the light most favorable to the verdict, the evidence was sufficient to authorize the jury’s finding of Brooks’ guilt of the crimes charged beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); see also Turner v. State, 223 Ga. App. 448, 449-450 (2) (477 SE2d 847) (1996); Legg v. State, 207 Ga. App. 399 (428 SE2d 87) (1993).

3. Brooks contends the trial court erred in holding that his statement to police admitting he had had sex with the victim was voluntarily given.

At an admissibility hearing under Jackson v. Denno, 378 U. S. 368 (84 SC 1774, 12 LE2d 908) (1964), Officer Reggie Smith of the DeKalb County Police Department testified that he went to Brooks’ apartment the day after the incident. Brooks answered the door and identified himself as “Brian Jones.” Smith testified that he informed Brooks of the rape accusation and advised him of his rights under Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1966). He testified that Brooks appeared to listen carefully and acknowledged that he understood his rights. Brooks then stated that he and the victim had had sexual intercourse, but that he had stopped when the victim asked him to stop.

Smith testified that he asked Brooks to come with him to the police station. At the station, he again advised Brooks of his Miranda rights. Brooks signed a form acknowledging his understanding of[*849] these rights, using the name “Brian Jones.” Brooks gave a written statement in his own handwriting stating that he had had sex with the victim but had stopped when she asked him to. Brooks signed the statement “Brian Jones.” Smith testified that he gave Brooks no hope of benefit in exchange for making his two statements, nor any fear of injury if he did not give a statement.

Decided February 27, 1998. Lynch, Spears & Shuman, John H. Tarpley, for appellant. J. Tom Morgan, District Attorney, Robert M. Coker, Lee A. Man-gone, Assistant District Attorneys, for appellee.

Brooks testified at the Jackson-Denno hearing that Smith did not read him his Miranda rights at the apartment. He testified that Smith told him that if he came to the station and gave a statement that he had had sex with the victim, they would let him go. Brooks testified that he gave his statement to the police only because he believed they would then let him go. Smith denied that he had made any such statement to Brooks.

“A trial court’s conclusions of fact and credibility following a Jackson-Denno hearing are to be accepted unless clearly erroneous. Here, the trial court found that [Brooks] was advised of each of his Miranda rights, that he understood them, that he voluntarily waived them, and that he thereafter gave his statement freely and voluntarily without any hope of benefit or fear of injury.” (Citations and footnote omitted.) Yorker v. State, 266 Ga. 615, 617 (4) (469 SE2d 158) (1996). As these findings were supported by sufficient evidence, the trial court did not err in holding the statements admissible.

Judgment affirmed.

McMurray, P. J., and Senior Appellate Judge Harold R. Banke concur.