Middlebrooks v. State
Middlebrooks v. State
Opinion of the Court
In Middlebrooks v. State, 241 Ga. App. 193 (526 SE2d 406) (1999), we affirmed Middlebrooks’s conviction and sentence for hijacking a motor vehicle. In Middlebrooks v. State, Case No. S00C0558 (March 24, 2000), the Supreme Court granted the appellant’s petition for writ of certiorari solely in regard to petitioner’s argument made on the basis of Felix v. State, 271 Ga. 534 (523 SE2d 1) (1999).
A very close review of Middlebrooks’s brief reveals two additional arguments made but not addressed: whether the trial court erred (1) in failing to charge the jury, sua sponte, on withdrawal by a co-conspirator and (2) in overruling Middlebrooks’s objection to certain hearsay testimony. We conclude the trial court did not so err and again affirm Middlebrooks’s conviction and sentence.
1. The trial court did not err in failing to charge the jury, sua sponte, on withdrawal by a co-conspirator. While Middlebrooks claims on appeal that withdrawal was his sole defense, no evidence of withdrawal was presented at trial that would have supported such a charge. Thus, the trial court did not err.
2. Over a hearsay objection, the investigating officer was permitted to testify about the victim’s description of the carjacking. The trial court ruled that the testimony was admissible because the victim had already testified and was available for cross-examination, and because it explained the officer’s conduct. “Evidence of what
Judgment affirmed.
The court in Felix held that “where the enumeration of errors filed in the appellate court identifies the trial court ruling asserted to be error, the error relied upon is sufficiently ‘set out separately” ” to require review. Id. at 539.
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