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Lampkin v. State

The trial court properly admitted evidence that the defendant committed a rape less than an hour before he robbed the victim at an ATM to show the defendant's identity as the perpetrator.

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A Richmond County jury found Willie Lampkin guilty of aggravated assault, theft by taking, possessing a knife during the commission of a crime, and four counts of armed robbery. Lampkin appeals, asserting that the trial court improperly admitted similar transaction evidence at trial. Finding no error, we affirm. Lampkin was charged with committing a series of armed robberies in late May and early June 1997, including the June 3, 1997 robbery of Tyzenia McCullar. Construed favorably to the verdict, the evidence showed that McCullar stopped at a First Union drive-through ATM machine around 6:45 a.m. on June 3, 1997. As she arrived at the ATM, a man in a gray car was using the machine. The gray car pulled away quickly, and McCullar drove up to the ATM, withdrew $50, and placed it on the seat next to her. A man wearing a dark raincoat wrapped around his face then appeared from behind her, pointed a gun at her head, and demanded money. After McCullar gave him the money, he fled.

Although McCullar provided a general description of the man to police, she was unable to identify her assailant during a photographic line-up. The evidence also showed, however, that mere minutes before McCullar was robbed, an individual unsuccessfully tried to withdraw $200 from the same ATM using a First Union ATM card that had been stolen from V. B. —a rape victim —earlier that morning.

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