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Mathis v. State

Court of Appeals of Georgia
Feb 3, 2004
593 S.E.2d 944 (Ga. Ct. App. 2004)

Opinion

A03A2518

DECIDED: FEBRUARY 3, 2004

Escape. Muscogee Superior Court. Before Judge Smith, Senior Judge.

Clark C. Adams, Jr., for appellant.

J. Gray Conger, District Attorney, Michael E. Craig, Assistant District Attorney, for appellee.


Brad C. Mathis was charged by accusation with one count of escape and found guilty by a jury. Mathis's amended motion for new trial was denied, and he appeals, asserting as his sole enumeration of error that the trial court erred in admitting into evidence Mathis's statement to prison officials, when the State had not furnished the defense with a copy of the statement. Finding no error, we affirm.

At the hearing on the motion for new trial, the State acknowledged that it had not separately disclosed to Mathis a copy of his statement to prison officials as required by OCGA § 17-16-4(a)(1). The State argued, however, that under OCGA § 17-16-6 the statement could only have been excluded "upon a showing of prejudice and bad faith," which Mathis failed to make. We agree.

This appeal is controlled by Roberts v. State, 244 Ga. App. 330 ( 534 S.E.2d 526) (2000). As in Roberts, Mathis did not request a continuance, the State had an open file policy under which Mathis could have inspected the statement at any time, and the State did not introduce the statement until Mathis testified. Mathis "did not show he was prejudiced or the State acted in bad faith. Consequently, the trial court did not err, under OCGA § 17-16-6, in denying [his] motion to exclude" the statement. Roberts, supra at 333(3).

Judgment affirmed. Ruffin, P.J., and Miller, J., concur.


DECIDED FEBRUARY 3, 2004.


Summaries of

Mathis v. State

Court of Appeals of Georgia
Feb 3, 2004
593 S.E.2d 944 (Ga. Ct. App. 2004)
Case details for

Mathis v. State

Case Details

Full title:MATHIS v. THE STATE

Court:Court of Appeals of Georgia

Date published: Feb 3, 2004

Citations

593 S.E.2d 944 (Ga. Ct. App. 2004)
593 S.E.2d 944