Andemical v. State

The trial court properly admitted evidence of a telephone conversation the defendant had with the victim while he was in jail, as the defendant impliedly consented to the recording, since it was undisputed that he was told at the beginning of the telephone conversation that the call was subject to being monitored or recorded, and the victim authenticated the recording.

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Following the denial of his motion for new trial, Samuel Andemical appeals his conviction for kidnapping with bodily injury, aggravated assault, and false imprisonment. On appeal, Andemical contends that the trial court erred in admitting a recording of a conversation with his sister while he was in jail, erred in denying his special demurrer, erred in failing to strike two jurors for cause, and erred in its charge to the jury on kidnapping with bodily injury. He also maintains that trial counsel was ineffective, and that the State failed to prove asportation as an element of his kidnapping conviction. Following our review, we affirm.

Following a criminal conviction, the defendant is no longer presumed innocent, and we view the evidence in the light most favorable to sustain the verdict. Anthony v. State, 317 Ga. App. 807 732 SE2d 845 2012. So viewed, the evidence demonstrates that before dawn on September 27, 2010, a worker at a children’s learning center was looking out of the window when she observed the victim attempt to run from a car immediately after it pulled into the parking lot and stopped. A man, later identified as Andemical, chased her on foot. Andemical grabbed the victim by her hair, and after the victim fell to the ground, began punching, kicking, and stomping her. He dragged the victim by the hair back to the car, and when she ran from the car again, Andemical punched and kicked her, then picked the victim up and put her in the trunk of his car. When he attempted to close the trunk, he was unable to do so because the victim was fighting to get out. The witness called 911, and when police arrived, they observed the victim’s legs hanging out of the trunk of the car, and Andemical was still attempting to close the trunk. When he saw police, Andemical ran but was almost immediately captured and taken into custody.

Andemical v. State

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