Goolsby v. State

311 Ga. App. 650 (2011)

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Goolsby v. State

Georgia Court of Appeals
311 Ga. App. 650 (2011)

Facts

On September 19, 2002, Terry Lee Goolsby (defendant) broke into SP’s home and approached SP near her kitchen. Goolsby grabbed SP’s arms and forcefully walked her a few steps to her couch. Goolsby raped SP on the couch and fled. A few months later, Goolsby broke into HMM’s home. When HMM encountered Goolsby, she ran toward her front door. However, Goolsby caught HMM and pulled her toward her bedroom. HMM tried to resist, but Goolsby pulled out a knife and beat her. Goolsby tied HMM’s hands together, forced her into her bedroom, and raped her. The State of Georgia (plaintiff) charged Goolsby with crimes including aggravated assault, rape, and kidnapping with bodily injury. The jury ultimately convicted Goolsby, and the trial court sentenced him to life in prison plus 45 years. Goolsby appealed to the Georgia Court of Appeals, challenging only his kidnapping-with-bodily-injury convictions. Goolsby claimed that under the Georgia Supreme Court’s decision in Garza v. State, 670 S.E.2d 73 (Ga. 2008), there was insufficient evidence of asportation, i.e., unlawful movement of the victims, to sustain his kidnapping convictions.

Rule of Law

Issue

Holding and Reasoning (McFadden, J.)

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