From Casetext: Smarter Legal Research

Bland v. State

Court of Appeals of Georgia
Feb 22, 1991
402 S.E.2d 782 (Ga. Ct. App. 1991)

Opinion

A90A2085.

DECIDED FEBRUARY 22, 1991.

Drug violation. Baldwin Superior Court. Before Judge Prior.

Reginald L. Bellury, for appellant.

Joseph H. Briley, District Attorney, Al C. Martinez, Assistant District Attorney, for appellee.


Defendant Bland appeals his conviction of a violation of the Georgia Controlled Substances Act, selling cocaine. The sole enumeration of error complains of the admission into evidence, for purposes of impeachment, of a prior conviction of defendant for possession of cocaine. Held:

On direct examination defendant was relating his contacts with an undercover agent when he testified as to stating to a third party that "I don't fool with no crack cocaine." On cross-examination defendant repeatedly testified, in the absence of any objection, as to stating to a third party in reference to cocaine that "I don't fool with that" and "I don't fool with no — don't fool with no crack."

Subsequently, the State was permitted over objection to introduce evidence of defendant's conviction for possession of cocaine for purposes of impeachment only. Under this Court's decision in Mitchell v. State, 158 Ga. App. 628, 629 (2), 630 ( 281 S.E.2d 260), defendant's testimony in the case sub judice that he did not "fool with" cocaine "could be construed as a denial by defendant that he had ever been involved in any offenses involving [cocaine]," so as to render admissible for purposes of impeachment (by disproving the facts testified to by defendant) evidence that he had previously been convicted of possession of cocaine.

Defendant's reliance on Seabrooks v. State, 164 Ga. App. 747, 748 (2), 750 ( 297 S.E.2d 745) is misplaced. Seabrooks may be distinguished on the facts. In Seabrooks, this Court held that evidence of that defendant's possession of marijuana, pills and capsules did not contradict his assertion that he did not deal in cocaine, thus "was not admissible as impeachment evidence, disproving facts testified to by [that] defendant."

Judgment affirmed. Sognier, C. J., and Carley, J., concur.


DECIDED FEBRUARY 22, 1991.


Summaries of

Bland v. State

Court of Appeals of Georgia
Feb 22, 1991
402 S.E.2d 782 (Ga. Ct. App. 1991)
Case details for

Bland v. State

Case Details

Full title:BLAND v. THE STATE

Court:Court of Appeals of Georgia

Date published: Feb 22, 1991

Citations

402 S.E.2d 782 (Ga. Ct. App. 1991)
402 S.E.2d 782

Citing Cases

Sanders v. State

The introduction of Sanders' prior conviction here was permissible since the State was rebutting specific…

Patten v. State

Although he may be retried for this offense, the State may not retry him for possessing marijuana with intent…