Sessions v. State, A92A2369
| Decision Date | 04 March 1993 |
| Docket Number | No. A92A2369,A92A2369 |
| Citation | 207 Ga.App. 609,428 S.E.2d 652 |
| Parties | SESSIONS v. The STATE. |
| Court | Georgia Court of Appeals |
Beauchamp & Associates, Robert M. Beauchamp, Dorough & Sizemore, Kermit S. Dorough, Jr., Albany, for appellant.
Britt R. Priddy, Dist. Atty., Francis D. Hand, Jr., Asst. Dist. Atty., for appellee.
Defendant Alexander Sessions was convicted of two counts of entering an automobile or motor vehicle. See OCGA § 16-8-18. He appeals following the denial of his motion for new trial.
1. Defendant contends the trial court erred in admitting evidence of his prior convictions for entering an automobile, arguing that the circumstances surrounding two of the four previous crimes were factually dissimilar to the offenses for which defendant was being tried. However, contrary to defendant's assertions on appeal, we do not think the fact that defendant entered different types of vehicles on different occasions or that the defendant used different methods to obtain entry into the vehicles renders the complained of evidence inadmissible. " Carter v. State, 205 Ga.App. 885, 886-887, 424 S.E.2d 81 (1992). Our review of the record shows the trial court did not err in admitting evidence of similar crimes. See Woolfolk v. State, 202 Ga.App. 59, 61, 413 S.E.2d 242 (1991).
2. Defendant also enumerates as error the denial of his motions for mistrial, contending that the trial court improperly admitted irrelevant and unduly prejudicial testimony. The record shows that the trial court allowed several of the State's witnesses who testified concerning the previous similar transactions also to testify about other crimes defendant committed during the commission of the similar crimes, ruling that such evidence was admissible as part of the res gestae of the previous similar crimes. Specifically, the trial court admitted testimony from a police officer who arrested defendant for one of the prior instances of entering an automobile attesting that cocaine was found in defendant's truck on this previous occasion and that defendant stated to the officer that he was urinating behind the truck when the officer approached him. Another witness was allowed to testify that during a struggle at another crime scene defendant reached for a gun concealed in a paper bag. We agree with defendant that this testimony revealed additional criminal acts which were unrelated and irrelevant to the crimes for which defendant was being tried, and that only that portion of the witnesses' testimony pertaining to the previous similar crimes was admissible at trial. 1 Bacon v. State, 201 Ga.App. 639(1), 411 S.E.2d 783 (1991); Jarrad v. State, 195 Ga.App. 704, 706(3), 394 S.E.2d 555 (1990). Because we can discern no other proper purpose for admission of the complained of evidence, " " Bacon, 201...
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King v. State
...see anybody." On appeal, defendant argues that the statement should have been excluded, relying on the authority of Sessions v. State, 207 Ga.App. 609, 428 S.E.2d 652. "A witness may testify as to what he saw and heard in the defendant's presence. See Broome v. State, 141 Ga.App. 538(2) (23......
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Dunham v. State
...at the motions hearing, but it included no unrelated additional, irrelevant crimes, as was the case in Sessions v. State, 207 Ga.App. 609, 609–610(2), 428 S.E.2d 652 (1993). The “testimony came well within the scope of the facts brought up in the similar transaction hearing. It does not app......
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Johnson v. State, A98A1864.
...cocaine possession was relevant to an issue at trial, it would be inadmissible evidence of bad character. Sessions v. State, 207 Ga.App. 609, 610(2), 428 S.E.2d 652 (1993). Here, however, Johnson told police that he was a crack addict and could not remember anything he did during the month ......
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Aldridge v. State
...because evidence that an accused attempted suicide is admissible as showing consciousness of guilt. Relying on Sessions v. State, 207 Ga.App. 609(2), 428 S.E.2d 652 (1993), Aldridge contends evidence of the suicide attempt was inadmissible because it showed a separate and unrelated crime, t......
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Criminal Law - Frank C. Mills, Iii
...of similar transactions includes additional prejudicial transactions which are not similar or connected or in notice. Sessions v. State, 207 Ga. App. 609, 428 S.E.2d 652 (1993). e. Witnesses to prove the similar transaction are not on the witness list and not otherwise shown in the notice. ......