Bryant v. State
Bryant v. State
Opinion of the Court
A jury found Willie James Bryant guilty of theft by shoplifting. Bryant appeals from the denial of his motion for new trial, asserting that the trial court erred by refusing to give Bryant’s attorney access to the arresting officer’s police report that the officer used at trial to refresh his memory. We affirm.
Viewed in a light most favorable to support the verdict, the evidence shows that Bryant entered a Piggly Wiggly grocery store in Chatham County, Georgia at approximately 5:30 p.m. on June 6, 1996. A store manager noticed Bryant removing some packages containing meat from a display. Bryant did not have a shopping cart or
After the manager pointed out Bryant to the officer, the officer saw Bryant carrying an item in his hand. While the officer could not see what the item was, he noticed that the item was packed in pink styrofoam, which was typically used by the store to package meat. The officer lost sight of Bryant as Bryant turned down an aisle. As the officer approached the aisle, Bryant came back out of the aisle. The officer noticed that Bryant was no longer carrying anything in his hand. Upon seeing the officer, Bryant turned around and began heading back down the aisle. As the officer reached the aisle, he saw Bryant remove something from his shorts and throw the item onto some large bags of dog food. The officer then placed Bryant under arrest and retrieved the item that Bryant had thrown, a dual pack of rib eye steaks. The officer testified that Bryant had no money on him at the time of his arrest. Bryant was charged with violating OCGA § 16-8-14. See OCGA § 16-8-14 (a) (1) (“A person commits the offense of theft by shoplifting when he[,] . . . with the intent of appropriating merchandise to his own use without paying for the same or to deprive the owner of possession thereof ... (1) [cjonceals or takes possession of the goods or merchandise of any store or retail establishment[.]”).
The officer admitted during cross-examination at trial that he reviewed his police report on the arrest immediately before testifying. Bryant’s attorney asked for permission to see the report, which the trial court denied. Bryant raised this issue in his motion for new trial. The trial court, in denying the motion, concluded that pretermitting whether the court erred in not allowing Bryant’s attorney access to the police report, “the denial of access did not contribute to [Bryant’s] conviction.”
On appeal, the State does not dispute that the trial court erred in prohibiting the defense attorney from reviewing the report. However, it argues that the error was harmless. We agree.
The Supreme Court has made clear that “if a witness used documents to refresh his memory after the inception of trial, then the
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.