Wilson v. State

476 S.E.2d 97, 222 Ga. App. 818, 96 Fulton County D. Rep. 3429, 1996 Ga. App. LEXIS 1013

Opinions

Blackburn, Judge.

Following a jury trial, Theopulas Jerome Wilson was convicted of trafficking in cocaine. On appeal, Wilson argues that the trial court erred in overruling his motion for mistrial, contending that a State’s witness improperly introduced evidence of his character during the trial.

On October 22, 1995, Wilson’s vehicle was stopped for a speeding violation by Terrell County Deputy Sheriff Eddie Fairbanks. Because Wilson was unable to produce his driver’s license upon request, Deputy Fairbanks conducted a computer check of Wilson’s license. The computer revealed that Wilson’s license had been suspended. Advising Wilson at this point that he was under arrest, Deputy Fairbanks asked for and received permission to search Wilson’s car. Cocaine was discovered in the passenger compartment and trunk of Wilson’s car.

Deputy Fairbanks testified that he and other officers found a black tote bag in the trunk of Wilson’s car. Inside the tote bag was a brown mailing envelope containing cocaine. When asked by the prosecutor if he had found anything inside the black tote bag identifying it as Wilson’s, Deputy Fairbanks responded affirmatively, and testified that a prison I.D. card had been found in the tote bag. Wilson’s counsel objected to this response and moved for a mistrial, contending that Wilson’s character had been impermissibly placed into evidence. The trial court overruled the motion for mistrial, gave a curative instruction before proceeding with the case, and Wilson’s counsel preserved his objection.

“The trial court has a broad discretion in passing on motions for mistrial, and its ruling will not be disturbed by the appellate courts unless it appears that there has been a manifest abuse of discretion and that a mistrial is essential to the preservation of the right to a fair trial. Where a motion for mistrial is made on the ground of inadmissible matters being placed before the jury, the corrective measure to be taken by the trial court also is largely a matter of discretion, and where proper corrective measures are taken and there is no abuse of that discretion, the refusal to grant a mistrial is not error.” (Citations and punctuation omitted.) Edwards v. State, 200 Ga. App. 580, 582 (408 SE2d 802) (1991).

Deputy Fairbanks discovered the prison I.D. card during the course of Wilson’s arrest and the contemporaneous search of his vehicle. Wilson does not dispute that he consented to the search. ‘Where evidence is relevant and material, it is not objectionable merely because it is prejudicial or because its effect is incidentally to put the defendant’s character in issue.” (Punctuation omitted.) Sims v. State, 180 Ga. App. 537, 538 (349 SE2d 783) (1986). See Pemberton v. State, 220 Ga. App. 253 (469 SE2d 233) (1996) (officer’s testimony that defendant was found detained in the Clayton County Jail did not merit mistrial in light of the trial court’s decision to give curative instructions). “All circumstances surrounding an arrest are admissible for whatever value the jury desires to place on them.” (Punctuation omitted.) Coney v. State, 198 Ga. App. 272, 273-274 (401 SE2d 304) (1991).

Reference to a prison I.D. card does not necessarily infer that the holder is a prisoner. Many employees, vendors and other non-prisoner personnel are issued I.D. cards. However, even if the testimony had been improper, based on the trial court’s curative instruction, as well as the overwhelming evidence against Wilson, the evidence in question did not affect the jury’s verdict or hamper Wilson’s right to a fair trial and was therefore harmless. See Pemberton, supra. Accordingly, we find that the trial court did not abuse its discretion by denying Wilson’s motion for a mistrial. Id.

Judgment affirmed.

Birdsong, P. J., concurs. Beasley, C. J., concurs specially. Decided September 18, 1996. Collier & Gamble, Wilbur T. Gamble III, for appellant. Charles M. Ferguson, District Attorney, for appellee.