This is the second appearance of this case in this Court. In Spear v. State, 259 Ga. App. 803 ( 578 SE2d 504) (2003), the Court affirmed John Wesley Spear's conviction of carrying a concealed weapon and carrying a weapon without a permit. In his pro se appeal, Spear raised, at the earliest opportunity, a claim of ineffective assistance of trial counsel, and the Court remanded the matter for an evidentiary hearing.
A victim's statement made within minutes of a crime and to an officer responding to his call for help is admissible under the res gestae exception. Spears v. State, 259 Ga. App. 803 (2) ( 578 SE2d 504) (2003). Accordingly, it cannot be said the trial court was clearly erroneous in admitting the testimony in question.
Moreover, statements made within minutes of a crime and to an officer responding to a call for help are admissible under the res gestae exception to hearsay. Spear v. State, 259 Ga.App. 803(2), 578 S.E.2d 504 (2003) ; former OCGA § 24–3–3 (“Declarations accompanying an act, or so nearly connected therewith in time as to be free from all suspicion of device or afterthought, shall be admissible in evidence as part of the res gestae.”) Accordingly, the trial court did not err in allowing testimony.
The parties stipulated to these facts at trial. Spear v. State, 259 Ga. App. 803, 805(4) ( 578 S.E.2d 504) (2003). The officer noticed that Buchanan was incoherent, had red, bloodshot eyes and slurred speech, and was unsteady on his feet.