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Blanch v. State

The three similar transactions showed the defendant's ' "bent of mind as to initiate or continue a sexual encounter without a person's consent." '

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Following a jury trial, Andrew Blanch appeals his conviction for aggravated sodomy,1 robbery,2 and aggravated battery.3 He contends that the trial court erred in i admitting three similar transactions, ii denying his motion to strike a former police officer from the jury panel, iii denying his motion for a mistrial, and iv failing to merge the robbery and aggravated-battery counts. We hold that the other transactions were sufficiently similar, that the court was not required to strike the former-police-officer juror for cause, that Blanch waived his motion for mistrial, and that the robbery and aggravated-battery counts did not merge. Accordingly, we affirm. Construed in favor of the verdict, Davis v. State ,4 the evidence shows that on December 12, 2003, the victim was walking to meet a friend when Blanch approached him, asking the victim if he had drugs or needed drugs. When the victim responded negatively to both inquiries and began walking away, Blanch viciously struck him in the head from behind, knocking him down so that his face struck the ground hard. Pinning the victim down on his belly, Blanch pulled off the victim’s pants and forcibly had anal intercourse with him. Blanch threatened to kill the victim if he reported the assault, and after taking the victim’s license and money, Blanch instructed the victim to remain immobile while Blanch escaped. The victim went to a hospital, where he was found to have a crushed orbital socket and fractured cheek bones. The hospital did a rape exam, taking samples.

After a DNA test confirmed that Blanch’s semen was in the victim’s rectum, Blanch was indicted for aggravated sodomy, robbery, and aggravated battery. At trial, Blanch testified that the sex was consensual and that the victim had attacked Blanch following the sexual encounter. Blanch denied stealing the victim’s money and license. A jury found Blanch guilty on all counts. Following the denial of Blanch’s motion for new trial, he appeals.

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