Perry v. State

The trial court abused its discretion in admitting evidence of a non-violent sexual encounter between the defendant and a minor as a similar transaction because it did not show a predilection to commit the alleged violent rape of an adult.

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Isaiah Perry was indicted for rape and aggravated assault with intent to rape. Following a trial, the jury found Perry guilty of aggravated assault and sexual battery, a lesser included offense of rape. In his sole enumeration of error on appeal, Perry contends that the trial court erred in admitting evidence of a similar transaction. We agree and thus reverse. 1. As a threshold matter, we must address the State’s argument that Perry’s failure to include a transcript from the similar transaction hearing bars our review of his allegation of error. As noted by the State, the burden is on the complaining party to compile a complete record of what happened at the trial level, and when this is not done, there is nothing for the appellate court to review.1 If a party fails to include a transcript that is necessary to resolve the issue on appeal, we presume the trial court acted correctly and affirm.2 Here, however, the hearing transcript is not necessary.

In Perry’s sole allegation of error, he argues that the State failed to prove that the prior act was sufficiently similar to warrant its admission at trial. And the State is required to prove at trial that there is sufficient similarity and/or connection between the prior act and the crime charged “that proof that the accused committed the former tends to prove that the accused also committed the latter.”3 As the error is alleged to have occurred during trial, the hearing transcript is not necessary to resolve the issue on appeal.

Perry v. State

The trial court abused its discretion in admitting evidence of a non-violent sexual encounter between the defendant and a minor as a similar transaction because it did not show a predilection to commit the alleged violent rape of an adult.

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