Warren v. State

Court of Appeals of Georgia

Warren v. State

348 S.E.2d 88, 179 Ga. App. 890, 1986 Ga. App. LEXIS 2050

CourtCourt of Appeals of Georgia

DecidedJuly 2, 1986

Docket72118

StatusPublished

Cited by5 cases

This text of 348 S.E.2d 88 (Warren v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Warren v. State, 348 S.E.2d 88, 179 Ga. App. 890, 1986 Ga. App. LEXIS 2050 (Ga. Ct. App. 1986).

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Opinions

Deen, Presiding Judge.

A Muscogee County jury found appellant Warren guilty of the offense of possession of a controlled substance (hydromorphone) with intent to distribute. He was sentenced to serve thirty years (twenty in confinement and ten on probation). He appeals from this judgment, enumerating as error the court’s admission into evidence of allegedly hearsay testimony; of appellant’s post-arrest statements; and of a defense witness’ conviction of a crime of moral turpitude. Held:

1. Our scrutiny of the entire record, including the trial transcript, reveals that in the fact situation of the instant case, the allegedly hearsay testimony given by arresting officers falls well within the parameters of an established exception to the hearsay rule; namely, testimony to explain conduct. The challenged testimony explained why the officers took the actions they did. See Rhine v. State., 176 Ga. App. 171 (335 SE2d 422) (1985); Doughty v. State, 175 Ga. App. 317 (333 SE2d 402) (1985). See also Teague v. State, 252 Ga. 534 (314 SE2d 910) (1984); Momon v. State, 249 Ga. 865 (294 SE2d 482) (1982). This enumeration is without merit.

2. The record reveals that a Jackson v. Denno hearing was held to determine the voluntariness of the challenged statements, and that the trial court determined as a matter of fact that the Miranda and related requirements were fully complied with. This court is bound to accept the factual determinations of the court below unless they are plainly erroneous and unsupported by the evidence. Dick v. State, 246 Ga. 697, 701 (273 SE2d 124) (1980); Mobley v. State, 164 Ga. App. 154 (296 SE2d 617) (1982). This enumeration, too, is devoid of merit.

3. Also without merit is appellant’s assignment of error to the court’s admitting as impeaching evidence a defense witness’ prior conviction of a crime involving moral turpitude. Any witness other than the defendant may be impeached by evidence of such a conviction. Harris v. State, 173 Ga. App. 787 (328 SE2d 370) (1985). Black’s Law Dictionary (5th ed., 1979), at 1359, defines moral turpitude as “everything done contrary to justice, honesty, modesty, or good morals ... A term . . . [employed] in statutes . . . providing that a witness’ conviction of a crime of moral turpitude may be shown as tending to impeach his credibility.” The State tendered evidence of witness Edmonds’ conviction of the offense of pimping, OCGA §§ 16-6-11; 16-6-13; moreover, Edmonds admitted in open court to having pled guilty to the pimping charge. See Evans v. State, 70 Ga. App. 500 (28 SE2d 671) (1944), and Norley v. State, 170 Ga. App. 249, 253 (316 SE2d 808) (1984). We find that the court below properly admitted.this evidence.

[891]*891 Judgment affirmed.

Banke, C. J., McMurray, P. J., Sognier, Pope and Benham, JJ., concur. Pope, J., also concurs specially. Birdsong, P. J., Carley and Beasley, JJ., dissent.

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Deen, Presiding Judge.

A Muscogee County jury found appellant Warren guilty of the offense of possession of a controlled substance (hydromorphone) with intent to distribute. He was sentenced to serve thirty years (twenty in confinement and ten on probation). He appeals from this judgment, enumerating as error the court’s admission into evidence of allegedly hearsay testimony; of appellant’s post-arrest statements; and of a defense witness’ conviction of a crime of moral turpitude. Held:

1. Our scrutiny of the entire record, including the trial transcript, reveals that in the fact situation of the instant case, the allegedly hearsay testimony given by arresting officers falls well within the parameters of an established exception to the hearsay rule; namely, testimony to explain conduct. The challenged testimony explained why the officers took the actions they did. See Rhine v. State., 176 Ga. App. 171 (335 SE2d 422) (1985); Doughty v. State, 175 Ga. App. 317 (333 SE2d 402) (1985). See also Teague v. State, 252 Ga. 534 (314 SE2d 910) (1984); Momon v. State, 249 Ga. 865 (294 SE2d 482) (1982). This enumeration is without merit.

2. The record reveals that a Jackson v. Denno hearing was held to determine the voluntariness of the challenged statements, and that the trial court determined as a matter of fact that the Miranda and related requirements were fully complied with. This court is bound to accept the factual determinations of the court below unless they are plainly erroneous and unsupported by the evidence. Dick v. State, 246 Ga. 697, 701 (273 SE2d 124) (1980); Mobley v. State, 164 Ga. App. 154 (296 SE2d 617) (1982). This enumeration, too, is devoid of merit.

3. Also without merit is appellant’s assignment of error to the court’s admitting as impeaching evidence a defense witness’ prior conviction of a crime involving moral turpitude. Any witness other than the defendant may be impeached by evidence of such a conviction. Harris v. State, 173 Ga. App. 787 (328 SE2d 370) (1985). Black’s Law Dictionary (5th ed., 1979), at 1359, defines moral turpitude as “everything done contrary to justice, honesty, modesty, or good morals ... A term . . . [employed] in statutes . . . providing that a witness’ conviction of a crime of moral turpitude may be shown as tending to impeach his credibility.” The State tendered evidence of witness Edmonds’ conviction of the offense of pimping, OCGA §§ 16-6-11; 16-6-13; moreover, Edmonds admitted in open court to having pled guilty to the pimping charge. See Evans v. State, 70 Ga. App. 500 (28 SE2d 671) (1944), and Norley v. State, 170 Ga. App. 249, 253 (316 SE2d 808) (1984). We find that the court below properly admitted.this evidence.

[891]*891 Judgment affirmed.

Banke, C. J., McMurray, P. J., Sognier, Pope and Benham, JJ., concur. Pope, J., also concurs specially. Birdsong, P. J., Carley and Beasley, JJ., dissent.

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348 S.E.2d 88, 179 Ga. App. 890, 1986 Ga. App. LEXIS 2050, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warren-v-state-gactapp-1986.

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