Anderson v. State

Full title: ANDERSON v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jul 5, 1988

371 S.E.2d 261 (Ga. Ct. App. 1988)

371 S.E.2d 261

Opinion

76512.

DECIDED JULY 5, 1988.

Burglary. Fulton Superior Court. Before Judge Hicks.

Rise H. Weathersby, for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, Doris L. Downs, Benjamin H. Oehlert III, Assistant District Attorneys, for appellee.

McMURRAY, Presiding Judge.

Defendant was convicted of burglary and sentenced to serve 20 years in prison. He appealed. Held:

1. The trial court did not err in admitting defendant's voluntary statement ("That he usually does not do burglaries.") into evidence. Contrary to defendant's contention, the statement did not place defendant's character in issue. It did not necessarily connote the commission of other criminal activity. Even if the language did indicate that defendant committed other offenses, the statement was admissible. Lord v. State, 157 Ga. App. 104, 105 (2) ( 276 S.E.2d 153).

2. Defendant's second enumeration of error is controlled by Scott v. State, 170 Ga. App. 409, 412 (5) ( 317 S.E.2d 282). The enumerated error is without merit.

Judgment affirmed. Pope and Benham, JJ., concur.

DECIDED JULY 5, 1988.