Durham v. State
Durham v. State
Opinion of the Court
Appellant was tried before a jury and found guilty of distributing cocaine in violation of OCGA § 16-13-30 (b). He appeals from the judgment of conviction and sentence entered by the trial court on the jury’s verdict of guilt.
1. After a hearing, the trial court ruled that the State’s notice of its intent to introduce evidence of appellant’s commission of a crime was in compliance with Uniform Superior Court Rule 31.3. This ruling is enumerated as error.
The body of the notice given to appellant’s counsel contained the following statement: “[I]n accordance with Uniform Rule 31.3, . . . enclosed [is] a copy of [a prior accusation] and [appellant’s] guilty plea thereto. Regard this as a similar transaction. . . .’’In addition, the notice contained a postscript whereby appellant’s counsel was also informed to “regard the earlier case in aggravation of sentencing.” The contention is that this postscript caused appellant’s counsel to believe that similar crimes would be offered only in connection with sentencing.
Uniform Rule 31.3 (A) relates to a request for “leave to present during the trial of the pending case evidence of similar transactions or occurrences.” (Emphasis supplied.) Moreover, Uniform Rule 31.3
2. Appellant enumerates as error the introduction into evidence of his commission of the similar crime, urging that it impermissibly placed his character into issue. However, the evidence was clearly admissible to establish appellant’s identity and criminal intent. State v. Johnson, 246 Ga. 654 (1) (272 SE2d 321) (1980). There is “an exception to the general rule against prejudicially putting a defendant’s character in issue. [Cit.] . . . [Wjhere its relevance . . . outweighs its prejudicial impact, it is properly admitted. [Cits.]” Kress v. State, 195 Ga. App. 519 (1) (394 SE2d 139) (1990).
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.