Kelley v. State

Beasley, Judge.

Appellant, Oscar Dwight Kelley, was convicted of criminal attempt to commit murder (OCGA § 16-4-1), aggravated assault (OCGA § 16-5-21), and burglary (OCGA § 16-7-1). He was sentenced as a repeat offender (OCGA § 17-10-7).

Appellant was employed as a gardener and handyman at an apartment complex in Cherokee County. The victim, a 22-year-old woman living in one of the apartments, returned to her apartment alone at approximately 10:00 p.m. She heard a noise in her bedroom and thought it was her boyfriend. She went to the television set to change the channel, and when she turned…