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State v. Dowdell

The trial court did not clearly abuse its discretion in excluding certain other acts evidence in the State's prosecution against the defendant on a rape charge.

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Pursuant to OCGA § 5-7-1 a 5, the State of Georgia, through the District Attorney for the Atlanta Judicial Circuit, appeals from an order of the Superior Court of Fulton County denying the State’s motion to introduce other acts evidence in its prosecution against Marcus Dowdell on the charge of rape, OCGA § 16-6-1. The State contends the trial court abused its discretion by applying the wrong legal standards when excluding evidence proffered by the State of other acts of sexual assault committed by Dowdell. Finding no clear abuse of discretion, we affirm.

A trial court’s decision under OCGA §§ 24 4 403 and 24 4 404 b to exclude or admit other acts evidence will be overturned only where there is a clear abuse of discretion. Citations omitted. State v. Brown, 333 Ga. App. 653, 654 3 777 SE2d 27 2015. See also Reeves v. State, 294 Ga. 673, 676 2 755 SE2d 695 2014 Evidentiary rulings are reviewed under an abuse of discretion standard. citation omitted.1 While the abuse of discretion standard presupposes a ‘range of possible conclusions’ that can be reached by a trial court with regard to a particular evidentiary issue, it does not permit a ‘clear error of judgment’ or the application of ‘the wrong legal standard.’ Footnote omitted. Williams v. State, 328 Ga. App. 876, 880 1 763 SE2d 261 2014.

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