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Jared U. Baxterv.The State

CourtCourt of Appeals of Georgia
Docket No.A14A1128
DecidedNovember 13, 2014
Reporter329 Ga. App. 589; 765 S.E.2d 738 (2014)
JudgesCourt of Appeals of Georgia, Second Division; Presiding Judge Andrews and Judges McFadden and Ray; Judge John J. McFadden authored the opinion
Tags
CriminalCriminal ProcedureSex CrimesEvidenceIneffective Assistance of CounselSufficiency of the EvidenceSentencingVacaturRemandTales From the Crypt
Case Summary

Jared Baxter was convicted of rape, kidnapping, burglary, terroristic threats, and peeping tom after evidence connected him to attacks and surveillance at an apartment complex. He challenged the sufficiency of the kidnapping evidence, claimed counsel was ineffective for failing to object to evidence from searches of his apartment, car, camera, and computers, and argued that life without parole was illegal for his rape conviction. The Georgia Court of Appeals held that the search warrant was supported by probable cause based on the pattern of attacks, witness descriptions, Baxter’s presence near a victim’s apartment, and his false explanation for being there. Counsel’s decision not to object to other evidence was reasonable strategy, and the State sufficiently proved asportation because Baxter forced the rape victim into a bathroom after the rape, increasing his control and her danger. The State conceded that the life-without-parole sentence was unlawful. The Court therefore affirmed the convictions, vacated the rape sentence, and remanded for resentencing.

Opinion

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