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Criminal Law Keyed to Ohlin
Goolsby v. State
Citation:
311 Ga. App. 650 (2011)Facts
On September 8, 2002, the defendant broke into the home of S.P., a 70 year old woman. The defendant sexually assaulted her and then fled when something startled him. Eleven days later, the defendant broke into her home again. He stepped out of the kitchen, grabbed both of her arms near the wrists, and forcefully walked her backward a couple of steps to the couch. He pushed her down on the couch, raped her, and subsequently fled.
On December 21, 2002, in the same home community where S.P. lived, the defendant broke into the home of H.M.M. She ran for the front door, but the defendant caught her from behind and pulled her away from the door. H.M.M. struggled to free herself. The defendant attempted to tie her hands together with a string. When H.M.M. clung to another door, the defendant pulled out a knife, held it to her back, and beat her until she let go. He eventually tied her hands in front of her, forced her into her bedroom, and raped her.
The defendant was convicted of several felonies in connection with the invasions of the homes and the rapes of S.P. and H.M.M. Two convictions were for the kidnapping of S.P. and H.M.M. He appealed those convictions, arguing that the evidence did not satisfy the asportation element of the kidnapping.
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