Strawder v. State

Court of Appeals of Georgia

Strawder v. State

427 S.E.2d 792, 207 Ga. App. 365, 93 Fulton County D. Rep. 364, 1993 Ga. App. LEXIS 207

Court of Appeals of Georgia·Decided January 25, 1993·No. A93A0213·Published·Cited by 6 cases

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McMurray, Presiding Judge.

Defendant Strawder appeals his conviction of the offenses of aggravated assault, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon. Held:

1. Defendant’s first enumeration of error contends that the trial court erred in permitting the prosecutor to elicit scientific evidence from an expert witness which had not been disclosed in reports served on defendant in violation of OCGA §§ 17-7-211 (b) and 24-10-26. Nonetheless, defendant made no objection or motion for mistrial at the time the testimony he now complains of was given. The absence of a timely objection waives defendant’s right to raise this issue on appeal. Huguley v. State, 253 Ga. 709, 710 (324 SE2d 729); Brooks v. State, 193 Ga. App. 559, 561 (2) (388 SE2d 386).

2. Defendant’s remaining enumeration of error complains of the admission into evidence over objection of a fingerprint card taken following an unrelated previous felony arrest of defendant. The fingerprint card gave “date of offense” as “12-18-89,” “date of arrest” as “12-18-89,” “date” of the fingerprints as “12-18-89,” and via Code section numbers referred to the offenses of possession of firearms by convicted felon (OCGA § 16-11-131), carrying a pistol without a license (OCGA § 16-11-128), carrying a concealed weapon (OCGA § 16-11-126), and loitering or prowling (OCGA § 16-11-36). The reference to other crimes not shown to be connected with the one on trial served no useful or relevant purpose, placed defendant’s character in evidence and was prejudicial to him. The trial court erred in admitting the fingerprint card without redacting those portions which showed defendant’s arrest for previous crimes. Manor v. State, 223 Ga. 594, 597 (14), 598 (157 SE2d 431). Compare Williams v. State, 184 Ga. App. 124, 125 (361 SE2d 15) and Woodliff v. State, 777 Ga. App. 508 (339 SE2d 777).

Judgment reversed. Cooper, J., concurs. Beasley, J., concurs spe [366] dally. Decided January 25, 1993 Reconsideration denied February 16, 1993. M. Ross Becton, Jr., for appellant. Spencer Lawton, Jr., District Attorney, Larry Chisolm, Assistant District Attorney, for appellee.

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McMurray, Presiding Judge.

Defendant Strawder appeals his conviction of the offenses of aggravated assault, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon. Held:

1. Defendant’s first enumeration of error contends that the trial court erred in permitting the prosecutor to elicit scientific evidence from an expert witness which had not been disclosed in reports served on defendant in violation of OCGA §§ 17-7-211 (b) and 24-10-26. Nonetheless, defendant made no objection or motion for mistrial at the time the testimony he now complains of was given. The absence of a timely objection waives defendant’s right to raise this issue on appeal. Huguley v. State, 253 Ga. 709, 710 (324 SE2d 729); Brooks v. State, 193 Ga. App. 559, 561 (2) (388 SE2d 386).

2. Defendant’s remaining enumeration of error complains of the admission into evidence over objection of a fingerprint card taken following an unrelated previous felony arrest of defendant. The fingerprint card gave “date of offense” as “12-18-89,” “date of arrest” as “12-18-89,” “date” of the fingerprints as “12-18-89,” and via Code section numbers referred to the offenses of possession of firearms by convicted felon (OCGA § 16-11-131), carrying a pistol without a license (OCGA § 16-11-128), carrying a concealed weapon (OCGA § 16-11-126), and loitering or prowling (OCGA § 16-11-36). The reference to other crimes not shown to be connected with the one on trial served no useful or relevant purpose, placed defendant’s character in evidence and was prejudicial to him. The trial court erred in admitting the fingerprint card without redacting those portions which showed defendant’s arrest for previous crimes. Manor v. State, 223 Ga. 594, 597 (14), 598 (157 SE2d 431). Compare Williams v. State, 184 Ga. App. 124, 125 (361 SE2d 15) and Woodliff v. State, 777 Ga. App. 508 (339 SE2d 777).

Judgment reversed. Cooper, J., concurs. Beasley, J., concurs spe [366] dally. Decided January 25, 1993 Reconsideration denied February 16, 1993. M. Ross Becton, Jr., for appellant. Spencer Lawton, Jr., District Attorney, Larry Chisolm, Assistant District Attorney, for appellee.

Strawder v. State, 427 S.E.2d 792, 207 Ga. App. 365, 93 Fulton County D. Rep. 364, 1993 Ga. App. LEXIS 207 (Ga. Ct. App. 1993).

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