Leary v. State

Full title: LEARY v. THE STATE

Court: Court of Appeals of Georgia

Date published: Nov 5, 1992

424 S.E.2d 903 (Ga. Ct. App. 1992)

424 S.E.2d 903

Opinion

A92A2400.

DECIDED NOVEMBER 5, 1992.

Robbery. DeKalb Superior Court. Before Judge Weeks.

Michael M. Sheffield, for appellant.

Robert E. Wilson, District Attorney, Robert W. Houman, Robert M. Coker, Assistant District Attorneys, for appellee.

McMURRAY, Presiding Judge.

Defendant Leary appeals his conviction of the offense of robbery. Held:

The sole enumeration of error contends that the trial court erred in failing to grant defendant's motion for mistrial based on the State having placed the defendant's character in issue with the playing of a redacted taped statement of the defendant. After the trial court's curative instruction was given to the jury, defendant failed to renew his objection or motion for mistrial and thus waived his right to appellate review. Perkins v. State, 260 Ga. 292, 295 (6) ( 392 S.E.2d 872); Whitaker v. State, 246 Ga. 163, 166 (11), 167 ( 269 S.E.2d 436); Quick v. State, 198 Ga. App. 353 (1) ( 401 S.E.2d 758); Sneed v. State, 172 Ga. App. 64, 65 (2) ( 321 S.E.2d 799).

Judgment affirmed. Sognier, C. J., and Cooper, J., concur.

DECIDED NOVEMBER 5, 1992.