Aldridge v. State

The defendant's statement to the victim that the victim did not want to mess with him and he had served time was relevant to show the defendant's intent, state of mind and course of conduct for his robbery conviction, even though it may have incidentally placed his character in issue.

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Following a jury trial, Marvin Glynn Aldridge was convicted of one count each of robbery OCGA § 16-8-40 a 1, 2, aggravated assault OCGA § 16-5-21 a 1, battery OCGA § 16-5-23.1, and criminal trespass OCGA § 16-7-21 a. He appeals from his convictions and the denial of his motion for new trial, contending that his character was improperly placed into evidence at trial. Aldridge also contends that the evidence was insufficient to support his convictions for robbery and aggravated assault. For the reasons that follow, we affirm.

Viewed in the light most favorable to support the verdicts,1 the evidence adduced at trial established that in July 2010, Roy Sewell, a 75-year-old retiree, was engaged in a business relationship with The Original Mattress Factory in Cobb County. Pursuant to an agreement, The Original Mattress Factory would give Sewell all of the used mattresses that it received from its customers and, in return, Sewell would dispose of the mattresses. Sewell was allowed to place two tractor-trailers behind The Original Mattress Factory to store the used mattresses until they could be removed from the premises. When the mattresses were placed in or around the trailers, the mattresses were considered to be Sewell’s personal property, and no one else had permission or authority to remove the mattresses. Sewell would eventually make money by selling the used mattresses.

Aldridge v. State

The defendant's statement to the victim that the victim did not want to mess with him and he had served time was relevant to show the defendant's intent, state of mind and course of conduct for his robbery conviction, even though it may have incidentally placed his character in issue.

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