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Shields v. State

Defendant was not entitled to mistrial after trial court allowed the victim to testify, despite the state's failure to provide defendant with her current address and phone number where defendant never requested a continuance to cure any prejudice, defendant was aware of the victim's identity and the state's intent to call her as a witness, the state furnished defense with contact information it successfully used and defendant declined the state's offer to make the victim available for an interview.

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Randy Shields was indicted by a grand jury, along with William Perry, on charges of rape, aggravated sodomy, aggravated assault with intent to rape and false imprisonment. The trials of the two defendants were severed, and a jury found Shields guilty of all charges. Shields appeals.

Viewed in the light most favorable to the verdict, the evidence showed that on the morning of June 18, 2000, the victim was beaten and raped by three men in a duplex apartment near downtown Athens. The night before, the victim’s car broke down at an apartment she had been visiting, and she got a ride to another apartment complex to find a phone. The victim came into contact with Shields there. She said that another man at the apartment complex tried to “sell” her for some crack. The victim refused to cooperate, and walked away to find a phone. Later, however, someone gave the victim some crack cocaine and she began to perform oral sex on him behind a house. But the victim said that she stopped, began crying and walked away because she realized it was wrong. During this time, Shields and another man were with her and they stayed with her during the night.1

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