Howard v. State

As a result of his confrontations with two separate victims in the Lake Crossing Apartments, a jury found Terrance M. Howard guilty of peeping Tom Count 1 of Indictment 98-9-1731-28, aggravated assault Count 5 of Indictment 98-9-1903-28, false imprisonment Count 6 of Indictment 98-9-1903-28, sexual battery Count 9 of Indictment 98-9-1903-28, and three counts of burglary, including burglary with the intent to commit rape Count 1 of Indictment 98-9-1903-28, burglary with the intent to commit robbery Count 2 of Indictment 98-9-1903-28, and burglary with the intent to commit aggravated assault Count 3 of Indictment 98-9-1903-28. The jury acquitted Howard of one count of burglary with the intent to commit a theft against the second victim, one count of peeping Tom against a third individual, and two counts of burglary against a fourth individual. Howard appeals from the denial of his motion for new trial. Finding no error, we affirm. Viewed in the light most favorable to the verdict, the evidence shows that the first victim, a female student at Clark Atlanta University, twice noticed a man at her window. The first time, at approximately 8:45 a.m. on November 13, 1997, the victim noticed a shadow on her window blinds. When she approached to investigate, she saw a man kneeling down and running away from the window. The victim went outside where she saw a black man, wearing a red and black flannel jacket and a cap, walking around the playground area. The second time, the victim noticed a shadow outside her window. When she approached to investigate, a black man was looking straight at her. When their eyes met the man turned and walked away. At trial, the victim identified a shirt-jacket police found in Howard’s apartment as the red and black shirt she had seen on the man at the playground. At trial, the apartment manager testified that she spoke with Howard that same morning and remembered that he was wearing a red and black “shirt-coat.”

At trial, Howard’s ex-girlfriend testified that on November 17, 1997, she received a call at school from an individual asking if she had been with Howard at 6:00 a.m. She said no. Thirty minutes later, she received a page from Howard. When she called Howard to find out what was going on, he said, “well, they think that I was peeping in somebody’s window, but I really wasn’t. They always have me confused. Just tell them that I was with you.”