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Gary v. State

Court of Appeals of Georgia
Apr 21, 1981
280 S.E.2d 378 (Ga. Ct. App. 1981)

Opinion

61590.

DECIDED APRIL 21, 1981.

Armed robbery. Fulton Superior Court. Before Judge McKenzie.

Roosevelt Gary, pro se. Lewis R. Slaton, District Attorney, Joseph J. Drolet, Russell J. Parker, H. Allen Moye, Assistant District Attorneys, for appellee.


Gary was convicted of armed robbery. He appeals pro se, contending that the trial court erred by (1) denying his motion to strike the testimony of a witness, and (2) by imposing a sentence to life imprisonment based on inadmissible hearsay evidence.

1. At trial, the state proffered the testimony of a witness to a similar robbery. However, the testimony was given outside the presence of the jury and thereafter, the state withdrew the witness and the testimony was not presented before the jury. Accordingly, there is nothing for us to review.

2. Appellant contends the trial court erred in sentencing him because the court considered a pre-sentence report prepared by the Adult Probation Department which contained inadmissible hearsay. However, the transcript shows that the report was prepared at the request of all counsel, including counsel for appellant, and no objection was raised at trial. It is well settled that induced error is not permissible. Drake v. State, 142 Ga. App. 14 ( 234 S.E.2d 825) (1977); Reynolds v. State, 147 Ga. App. 488, 491 (4) ( 249 S.E.2d 305) (1978); Mahomet v. State, 151 Ga. App. 462, 464 (1) ( 260 S.E.2d 363) (1979).

Judgment affirmed. Shulman, P. J., and Birdsong, J., concur.

DECIDED APRIL 21, 1981 — CERT. APPLIED FOR.


Summaries of

Gary v. State

Court of Appeals of Georgia
Apr 21, 1981
280 S.E.2d 378 (Ga. Ct. App. 1981)
Case details for

Gary v. State

Case Details

Full title:GARY v. THE STATE

Court:Court of Appeals of Georgia

Date published: Apr 21, 1981

Citations

280 S.E.2d 378 (Ga. Ct. App. 1981)
280 S.E.2d 378

Citing Cases

Brawner v. State

Therefore, even if there was error, it was impermissible induced error. Cf., Gary v. State, 158 Ga. App. 327…