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Alexander v. State

Georgia's false imprisonment statute, O.C.G.A. § 16-5-41 a, is not unconstitutionally vague.

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Andre Levar Alexander appeals his conviction for burglary and false imprisonment,1 contending, among other things, that Georgia’s false imprisonment statute, OCGA 16-5-41 a, is unconstitutionally vague. For the reasons set forth below, we affirm. Viewed in the light most favorable to the verdict, the record shows that, during the night of April 29, 2002, Alexander, without permission, crawled through a window into the home where Shavonda Martin, a relative of his, was living. Alexander then entered Martin’s bedroom, and, while Martin was sleeping, he placed his hand over her mouth and pinned her to the bed, thereby restricting her movement. Martin woke up, screamed, and struggled with Alexander. Once Martin began screaming, Alexander fled through the same window he had entered. He later admitted that he had entered Martin’s home, and Martin, as well as other members of her family, positively identified Alexander as the intruder.

In addition to this evidence, details of two prior similar acts were presented. First, on the night of September 22, 2001, Alexander, without permission, entered Hattie Dawson’s home by crawling through a window. Dawson personally knew Alexander and identified him as the intruder. Second, on the morning of October 2, 2002, Alexander broke into Jeanna Bentley’s home without permission, and he attempted to rape her as she was getting out of her shower. Like the other victims, Bentley knew Alexander, who had attended the same high school she had attended.

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