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Hill v. State

The trial court's error in admitting a witness's prior statement was harmless since the witness was not present when the crimes occurred and the statement bolstered defendant's claim that the victim fabricated the charges after they had consensual sex.

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A DeKalb County jury found Mark Anthony Hill guilty of rape, kidnaping with bodily injury, aggravated sodomy, and armed robbery motor vehicle. He appeals and, in six enumerations of error, challenges the admissibility of taped statements given to the police and the sufficiency of the evidence to support his conviction. Upon review of the errors as enumerated, we affirm.

A thorough review of the taped statements put before the jury, as well as the trial testimony introduced, is necessary for resolution of the specific issues raised on appeal. To that end and in a light most favorable to upholding the jury’s verdict,1 the evidence of record shows that, at approximately 8:30 p.m. on Friday, March 3, 2000, while on her way to her daughter’s house, the victim stopped at the Chevron gas station at the corner of Oak Grove and LaVista Drive. The victim testified at trial that she briefly went into the station in order to pay for the gas she had just pumped. While she was inside, appellant Hill entered the victim’s red Plymouth Voyager minivan-which she had left unlocked-and went through her purse; he hid in the back of the van as the victim approached. When the victim got into the van, she put the keys in the ignition and then noticed that the contents of her purse was strewn across the passenger seat. The victim testified that, at that time, Hill came from behind her and held a steak knife to her throat. He grabbed the victim’s wrist, and

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