Sledge v. The State., 223 Ga. App. 488, 477 S.E.2d 898 (1996)
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Summary
Judgment affirmed. Johnson, J., concurs. Ruffin, J., concurs in the judgment only.
Summary
Judgment affirmed. Johnson, J., concurs. Ruffin, J., concurs in the judgment only.
Text
Nancy A. Askew, for appellant.
Defendant Sledge appeals his conviction of a violation of the Georgia Controlled Substances Act, selling cocaine. Held:
1. The State's first witness was a confidential informant, a convicted felon who earned money by making drug purchases on behalf of law enforcement officers. This witness testified that after a planned drug purchase did not materialize, he was walking home when he saw defendant drive by. The witness testified with reference to defendant that "we had him in the list where he could have been bought from. I was told if I seen him and I could make a purchase, make one." Defendant moved for a mistrial arguing that this testimony placed his character in issue because it implied that he had been involved in previous drug buys. However, we find no error in the denial of defendant's motion for mistrial inasmuch as the evidence explained the circumstances leading to defendant's arrest. Carson v. State,
2. Contrary to defendant's assertion, there is nothing in OCGA
3. The trial court did not err in permitting the State to play an audiotape as part of its case in chief even though the tape had not been furnished to defense counsel ten days prior to trial in compliance with OCGA
When the trial date arrived, circumstances had changed and the prosecuting attorney made known his intention to present the tape. Defense counsel objected, noting both the failure of the prosecuting attorney to permit inspection of the tape ten days prior to trial and the representations that it would not be used. The trial court ordered the prosecuting attorney to play the tape for defense counsel and then permitted an opportunity for the defense attorney to state for the record any prejudice arising from the delay in making the tape available. Since defense counsel was unable to state any harm from the delay in permitting access to this evidence, the trial court did not err in refusing to exclude the tape from evidence at trial. OCGA
4. The trial court did not err in allowing the jury to rehear the audiotape upon their request and after deliberations had begun. It is well settled that a trial court has discretion to permit a jury to rehear parts of the evidence presented even after deliberations have begun. Payne v. State,
While defense counsel complains that the recording was more easily understood during the replay than during the original presentation of the tape, there was no evidence of tampering and the only explanation suggested on the record for any difference in sound quality is that the original presentation of the tape was channeled through the trial court's public address system and the replay was not. These circumstances are not sufficient to curtail the trial court's discretion under the general rule. We find no abuse of the trial court's discretion by permitting the replay of the audiotape.
5. Defendant's final enumeration of error questions the sufficiency of the evidence to authorize his conviction. When viewed in the light most favorable to upholding the jury's verdict, the evidence at trial shows that defendant provided cocaine to the State's confidential informant in exchange for money. While defendant denies that such an exchange occurred, the credibility questions thereby created are for jury determination. The evidence was sufficient to authorize a rational jury to conclude that defendant was guilty beyond a reasonable doubt of selling cocaine, as alleged in the indictment. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560); Ferguson v. State,
Spencer Lawton, Jr., District Attorney, George R. Asinc, Assistant District Attorney, for appellee.
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