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Cartwright v. State

The trial court erred in admitting the hearsay statement of the similar transaction victim because she was not available to testify and her narrative statement was not part of the res gestae of the similar transaction.

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Darrell Dewayne Cartwright was indicted for rape, statutory rape and aggravated sodomy.1 A jury found him guilty of forcible rape and aggravated sodomy. He appeals, raising three enumerations of error. He asserts that the trial court erred by admitting evidence of a similar transaction for which he was acquitted and by allowing the State to prove the similar transaction with the detective’s rendition of the victim’s statement. He also claims that the evidence demanded a verdict of guilty but mentally retarded on each count.

We find that the similar transaction was a proper subject of evidence and that the jury was authorized to find Cartwright guilty instead of guilty but mentally retarded. We find that the trial court committed reversible error, however, when it allowed the State to prove the similar transaction through the officer’s hearsay testimony recounting the complainant’s statement, because it was not shown that she was unavailable to testify and her statement was not part of the res gestae.

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