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Walley v. State

The trial court properly admitted evidence of the defendant's prior rape of a 22-year-old woman as a similar transaction in the defendant's trial for the aggravated sexual battery and child molestation of a 12-year-old girl.

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Ray Walley appeals from his convictions for aggravated sexual battery and child molestation. Walley contends that the trial court erred by admitting similar transaction evidence and by failing to admonish the State for improper closing argument. He also claims that he received ineffective assistance of counsel. Finding no error, we affirm. 1. Walley asserts that the trial court erred by allowing the State to introduce evidence of his prior rape of a 22-year-old woman. He argues that this other incident was not sufficiently similar to the allegations made against him by the 12-year-old victim in this case. We disagree.

The Georgia Supreme Court recently addressed this very issue in Payne v. State , 285 Ga. 137 674 SE2d 298 2009.1 It concluded that No Georgia case holds that the difference in age of the victims is alone determinative of similarity. Our precedent consistently holds that it is the totality of the similar facts surrounding the crimes which are properly considered in a similar transaction analysis. . . . A mere difference in age of the victims one is an adult and the other a child will not render the prior transaction inadmissible. Citations and punctuation omitted. Id. at 139. It further stated that “the proper focus is on the similarities, not the differences between the separate crime and the crime in question.” Citation omitted. Id. at 138. And, “this rule is most liberally extended in cases involving sexual offenses because such evidence tends to establish that a defendant has such bent of mind as to initiate or continue a sexual encounter without a person’s consent.” Citation and punctuation omitted. Id.

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