Opinion
A92A0598.
DECIDED MARCH 12, 1992.
Cruelty to children. Pike Superior Court. Before Judge English.
Walker L. Chandler, for appellant.
W. Fletcher Sams, District Attorney, for appellee.
Defendant was convicted of cruelty to children and he appeals. Held:
1. The transcript reflects that during the prosecutor's closing argument, defense counsel lodged an objection when the prosecutor commented on defendant's failure to present witnesses on his behalf. The trial court overruled the objection. We find no error. Bryant v. State, 146 Ga. App. 43 (1) ( 245 S.E.2d 333). See also Lowe v. State, 253 Ga. 308, 309 (1) ( 319 S.E.2d 834); Smith v. State, 170 Ga. App. 673 ( 317 S.E.2d 626).
2. Defendant contends a Department of Family Children Services caseworker should not have been permitted to testify that defendant admitted he "switched" the victim because defendant was in jail when the admission was made and the caseworker did not advise him of his Miranda (Miranda v. Arizona, 384 U.S. 436 ( 86 SC 1602, 16 L.Ed.2d 694)) rights. This contention is without merit. It was not incumbent upon the caseworker to advise defendant of his Miranda rights because she was not a law enforcement officer. R. W. v. State of Ga., 135 Ga. App. 668, 671 (2) ( 218 S.E.2d 674). See also Grogins v. State, 154 Ga. App. 606 (2), 607 ( 269 S.E.2d 98).
Judgment affirmed. Sognier, C. J., and Cooper, J., concur.