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Dozier v. State

The trial court did not abuse its discretion in allowing evidence of the defendant's prior aggravated assault conviction for impeachment purposes pursuant to O.C.G.A. § 24-9-84.1 b.

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A jury convicted Wendell William Dozier of rape, aggravated sodomy, aggravated child molestation, child molestation, and incest, and he was sentenced to multiple life sentences. He argues on appeal that the trial court erred in allowing the State to impeach his testimony with a prior aggravated assault conviction, and that this error was harmful. For the reasons that follow, we find no error and thus affirm. Dozier’s victim was his then-14-year-old daughter, who testified in graphic detail about numerous occasions when Dozier forced her to have sexual intercourse with him. She also testified that Dozier made her perform and receive oral sex during these occasions, which took place at her house and in other places to which Dozier drove her.

Dozier did not live with the victim. He retrieved her from school several times and drove his car behind a commercial building, where he made the victim get out and have sex with him at the back of his car. Other times he came over to her house and into her bedroom when her mother was at work, locked the door, and forced her to perform sexual acts. On one of those occasions, the victim’s two-year-old brother was crying and trying to get into the victim’s bedroom, so Dozier let him in, and then had sex with the victim.

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