Odister v. State

McMurray, Presiding Judge.

Defendant was charged by indictment with the offenses of burglary, aggravated assault, and aggravated sodomy. The jury returned guilty verdicts on the charges of burglary and aggravated assault. On the aggravated sodomy charge, the jury returned a verdict of guilty of the lesser included offense of “attempt to commit aggravated sodomy.” In this out-of-time appeal, defendant’s sole enumeration of error challenges the admission into evidence of a prior conviction of rape, as a similar transaction to the aggravated sodomy charge. Held:

1. The dissent questions this…