"There are numerous instances where the state may offer evidence of prior crimes or bad acts committed by a defendant for a purpose other than to show the defendant is a person of bad character. . . ." Crane v. State, 263 Ga. 518, 519 (1) (a) ( 436 SE2d 216) (1993). Whether the prior crime is admitted to show a predicate offense for firearm possession or to fulfill some other legitimate purpose, a limiting instruction is always available upon request, and will greatly diminish the danger of unfair prejudice and focus the jury's attention on the proper issues and away from the prior conviction.
We see no reason, and Chapman cites no authority, to distinguish OCGA ยง 16-11-108 from all the other statutes, similarly lacking any reference to "death," which this Court has recognized as serving as predicate felonies for felony murder. See, e.g., Crane v. State, 263 Ga. 518 ( 436 S.E.2d 216) (1993) (felony murder predicated on aggravated assault with a deadly weapon, OCGA ยง 16-5-21 (a) (2)); Sumrall v. State, 264 Ga. 148 (2) ( 442 S.E.2d 246) (1994) (felony murder predicated on burglary, OCGA ยง 16-7-1 (a)); Waugh v. State, 263 Ga. 692 ( 437 S.E.2d 297) (1993) (felony murder predicated on criminal damage to property, OCGA ยง 16-7-22 (a) (1)). 5.
The evidence at trial was sufficient to authorize a rational trier of fact to find both Brookses guilty beyond a reasonable doubt of felony murder. Jacksonv. Virginia, 443 U.S. 307 ( 99 S.C. 2781, 61 L.Ed.2d 560) (1979); Crane v. State, 263 Ga. 518 (3) ( 436 S.E.2d 216) (1993). That being so, there was no error in denying Derreck's motion for a directed verdict of acquittal.
It was admissible even if it incidentally reflected on his character. Crane v. State, 263 Ga. 518 (2) ( 436 S.E.2d 216) (1993). Tidwell testified in his own defense.
See Peoples v. State, 295 Ga. 44, 53 (4) (b), 757 S.E.2d 646 (2014) ("[E]vidence of an independent bad act committed by the defendant may be admissible if the evidence is substantially relevant for some purpose other than to show a probability that the defendant committed the crime on trial because he has a criminal character") (citation and punctuation omitted); see also Robinson v. State, 275 Ga. App. 537, 538 (1), 621 S.E.2d 770 (2005) (the State may "rehabilitate a witness whose credibility has been attacked.") (citation and punctuation omitted). Compare Crane v. State, 263 Ga. 518, 519-520 (1) (b), 436 S.E.2d 216 (1993) (evidence was inadmissible where the accusation had no direct applicability on the ultimate issue of credibility of the defendant's denial). Redacting the accusation to show only the conviction of disorderly conduct and not the charge of simple battery would not have served its rehabilitative purpose because the victim testified that she was "attacked" by Pittman and that Pittman was arrested for simple battery.
The State was entitled to impeach this broader statement by defendant with evidence that the testimony given by defendant was not truthful. OCGA ยง 24-9-82; Crane v. State, 263 Ga. 518, 519 (1a) ( 436 S.E.2d 216). The prosecution's cross-examination of defendant concerning the alleged attempted rape was not improper due to the absence of the niece who was the victim of that incident. Butts v. State, 193 Ga. App. 824, 826-827 (2) ( 389 S.E.2d 395). Nor is defendant's reliance on Bryant v. State, 204 Ga. App. 856, 860 ( 420 S.E.2d 801) well placed since that case may be factually distinguished on the basis that the questions complained of there had no rational connection with any attempt to contradict that defendant's testimony.
[Cit.]" Crane v. State, 263 Ga. 518, 519 (1a) ( 436 S.E.2d 216) (1993). Based upon our review of the cold record, we cannot say the trial court erred in admitting Battle's rebuttal testimony since the trial court had the opportunity to observe Lucas' live testimony, its determination that Lucas tried to impress the jury that he was a "paragon of virtue" with high sexual standards was supported by the evidence, and Battle's testimony was relevant rebuttal evidence.