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Chester v. State

The trial court erred in failing to merge the false imprisonment counts into the related kidnapping counts, as the same facts were used to prove each offense and the counts originally were indicted in the alternative.

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Michael Rashad Chester was indicted by a DeKalb County grand jury on charges of kidnapping, false imprisonment, attempt to commit a felony, aggravated sodomy, aggravated sexual battery, sexual battery, aggravated assault, false imprisonment, and burglary, committed against four victims. A jury found him guilty on all 18 counts of the indictment, and he was sentenced to two consecutive life terms plus 15 years. His amended motion for new trial was denied, and he appeals, asserting seven enumerations of error. For the reasons stated below, we affirm but vacate the judgment of conviction and remand as to counts that should have been merged for sentencing.

1. Chester raises insufficiency of the evidence with respect to his conviction for sexual battery against one of the victims. He contends that the State failed to prove the necessary element of lack of consent, because the victim did not verbally object to his initial advances or physically prevent him from fondling her. The victim admitted that she did not say anything when Chester began touching her, but stated that she did not do so because she was “nervous and scared.” At the time he committed the offense in question, Chester had offered the victim a ride to the store but instead had driven her in the wrong direction, to a vacant house. After he touched her, she attempted to get out of the car, and he dragged her back by her hair. He displayed a gun and ordered her to unbutton her pants; she jumped from the moving car and was injured, but escaped.

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