X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Branch, Judge.After Andre Plaines was charged with second-degree burglary, second-degree criminal damage to property, possession of tools for the commission of crime, and smash-and-grab burglary, the State filed a motion of its intention to introduce other-act evidence of a different second-degree burglary in the same county to which Plaines had pled guilty. The trial court denied the State’s motion on the ground that the other-act evidence was not relevant under OCGA § 24-4-404 (b). On appeal from this ruling, the State argues that this other-act evidence is relevant and that the trial court therefore abused its discretion when it denied the State’s motion. Because we agree, we vacate the trial court’s judgment and remand for further proceedings consistent with this opinion.   “A trial court’s decision under OCGA §§ 244403 and 244404 (b) to exclude or admit other acts evidence will be overturned only where there is a clear abuse of discretion.” State v. Dowdell, 335 Ga. App. 773 (783 SE2d 138) (2016) (citation and punctuation omitted). In our review, wemust construe the evidentiary record in the light most favorable to the factual findings and judgment of the trial court. This means that [we] generally must accept the trial court’s findings as to disputed facts unless they are clearly erroneous, although [we] may also consider facts that definitively can be ascertained exclusively by reference to evidence that is uncontradicted and presents no questions of credibility, such as facts indisputably discernible from a videotape.

State v. Allen, 298 Ga. 1, 2 (1) (a) (779 SE2d 248) (2015) (citations and punctuation omitted).   Construed in favor of the trial court’s findings and judgment, the record shows that at the hearing on the admissibility of the other-act evidence, a detective with the Savannah Chatham Metropolitan Police Department testified about the instant crime, a burglary of a Red and White grocery store in which an orange circular saw was used to cut around the cash box of an ATM, as well as the other act, a burglary of a Food Lion grocery store in which an orange circular saw was also used to cut into an ATM. The trial court asked the detective whether in his investigation of burglaries he had ever seen a circular saw used in that manner. The detective responded, “I have never, sir, not until this came — came up, and then there were several other investigators working other incidents similar to this. That was the only time I’ve ever heard of somebody using a concrete saw to cut into an ATM machine, and those were all within a very close proximity of these crimes.” The trial court then filed an order finding that the evidence of the Food Lion burglary was relevant, probative, and admissible at Plaines’s trial for the Red and White burglary.At some later point, the State informed the trial court that the detective’s testimony was inaccurate. The court conducted two additional hearings: one at which the detective testified that he was aware of a third burglary where a circular saw was used to cut into an ATM, and one at which a different law enforcement officer testified about the third burglary. After these hearings, the trial court ruled that evidence of the Food Lion burglary was not admissible in the prosecution for the Red and White burglary. In its second order on the issue, the trial court made the following findings of fact concerning the Red and White burglary:On the night of February 3, 2015, three unknown individuals entered the premises of a Red and White grocery store with the use of a crowbar.    One of the three suspects was carrying a black crowbar and another was carrying a yellow crowbar.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More

A large and well-established Tampa company is seeking a contracts administrator to support the company's in-house attorney and manage a wide...


Apply Now ›

We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›

We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...


Apply Now ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›