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Holden v. State

The defendant's movement of the victim from her kitchen to her bedroom was not an inherent part of the other crimes and it placed the victim in greater danger.

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After a jury trial, Ellis Lamar Holden was convicted of kidnapping with bodily injury, rape, aggravated sodomy, armed robbery, two counts of burglary, and five counts of possession of a weapon during the commission of a crime. He appeals from the denial of his motion for new trial, contending that the trial court erred in admitting similar transaction evidence and by failing to properly charge the jury on similar transaction evidence. He also argues that the evidence was insufficient to support his kidnapping with bodily injury conviction. Finding no error, we affirm. “On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, with the defendant no longer enjoying a presumption of innocence.”1

So viewed, the record shows that Maria Mora was at her home when Holden entered the house, grabbed a knife from the kitchen, put it to Mora’s neck, and pushed her into the bedroom. Inside the bedroom, Holden raped and sodomized Mora and snatched a gold necklace inscribed with “M-E-X” from around her neck. Holden then took money from Mora’s purse, tied her up with a sheet, and fled on a bicycle. Mora then ran to a nearby school where an ambulance was called to send her to the hospital to complete a rape kit. Mora testified that her assailant had a tattoo on his arm.

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