Appellant-defendant Davis Johnson challenges his conviction for violating the Georgia Controlled Substances Act (“GCSA”), OCGA § 16-13-20 et seq. We affirm.
On August 8,1996, Officers J. D. Huckabey and D. L. Baker were operating in an undercover capacity in the Lynwood Park area of DeKalb County. Earlier in the day, Officer Huckabey had taken $100 (five $20 bills) from the DeKalb County Buy Fund; pursuant to her regular practice, she photocopied each bill for identification purposes.
While driving in Lynwood Park, the officers were flagged down by Elkin Clarke, appellant’s co-defendant, who approached the unmarked police vehicle and leaned in the open window. He asked Officer Huckabey if she was “looking for a 20,” referring to a $20 piece of crack cocaine. When Officer Huckabey responded affirmatively, Clarke walked over to the defendant, who was standing by himself approximately five feet away. Officer Huckabey observed the defendant hand Clarke some crack cocaine. Clarke immediately walked back to the unmarked police vehicle and gave Huckabey at least one piece of crack cocaine, which later field tested positive for cocaine. Officer Huckabey handed Clarke one of the $20 bills and observed as Clarke walked over and gave it to the defendant. Officer Huckabey then drove away and immediately signaled uniformed officers in the area that a sale had been conducted. The uniformed officers arrived at the scene approximately one minute later and apprehended Clarke and the defendant. The defendant had the $20 bill from the buy fund clenched in his fist; the defendant also possessed approximately $900 in cash. Both individuals were arrested and charged with possession of cocaine with the intent to distribute. Within hours following the arrest, Officers Huckabey and Baker identified the defendant from jail photos to ensure that the other officers had arrested the correct suspects. Officer Huckabey also testified that, as she transported the defendant to the DeKalb County Jail, the defendant told her that “when he gets out that I need to watch myself. . . because we were going to get it when he got out.”
The defendant was tried February 18-21, 1997; Clarke was tried
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separately. Prior to trial, the defendant filed a motion in limine to exclude from evidence a photostatic copy of the $20 bill from the buy fund, asserting that it violated the best evidence rule, OCGA § 24-5-1; the motion was denied. The defendant also asserted a challenge under
Batson v. Kentucky,
1. In his first enumeration of error, the defendant asserts that the trial court erred in admitting into evidence a photocopy of the “buy money,” as opposed to the actual $20 bill, claiming that it violated the best evidence rule, OCGA § 24-5-4 (a). However, the best evidence rule applies only to writings where the terms are material and the contents of the writing are in issue, as in a dispute regarding the contents of a contract, deed, will, search warrant, or prior conviction. See
Bishop v. Kenny,
Currency is not a “writing” under the best evidence rule. Further, there was no dispute in this case regarding the bill’s contents, such as an assertion that the bill had been altered. See generally Springer v. State, supra at 82. In fact, the defendant did not assert at trial that the photocopy was not an exact replica of the $20 bill from the buy fund or that the bill recovered from his possession was not the same $20 bill, and did not cross-examine the State’s witnesses concerning these issues, but asserted only that the original bill should have been admitted as evidence instead of the photocopy.
However, Officer Huckabey testified that she had made a photocopy of the $20 bill used in the drug buy in order to assist her in tracking the bill after the transaction. Therefore, the photocopy was primary evidence supporting the officer’s testimony. See
Jacobs v. State,
*116 Further, even if the original currency was a “writing” subject to the best evidence rule, the photocopy was admissible under either OCGA § 24-5-4 (a) or § 24-5-26. OCGA § 24-5-4 (a) allows a photocopy of the writing if the “absence [of the original is] satisfactorily accounted for.” In this case, the State asserted that the original $20 bill was unavailable because it had been recirculated through the buy fund for subsequent drug sting operations. Unless the county was able to reuse the currency, each bill that became evidence in an illegal drug buy would have had to be locked up in the evidence room for months, so that DeKalb County would have “thousands and thousands” of dollars from the buy fund tied up and out of circulation pending trial. This explanation for the absence of the original $20 bill was sufficient to justify the admission of the photocopy into evidence. See also OCGA § 24-5-25. Alternatively, the photocopy was made in the ordinary course of business and, as such, was admissible under OCGA § 24-5-26.
2. In his second enumeration, the defendant, who is African-American, asserts that the trial court improperly denied his Batson challenge regarding three jurors that were allegedly stricken by the State on the basis of race.
The trial court found that the defendant had established a prima facie case of racial discrimination by showing that the State used,five of its six peremptory strikes against African-American jurors. Once a prima facie case of racial discrimination in the use of peremptory strikes is shown, the second step of a
Batson
analysis requires the proponent of the strikes to produce race-neutral, reasonably specific reasons for the strikes.
Jones v. State,
In this case, according to the State,*
2
juror no. 3 was a childcare worker who had only recently become employed outside the home and who lacked any other employment history. The State argued that it was looking for jurors with significant, stable work and educational backgrounds. The trial court accepted this as being a sufficient race-neutral reason for the strike. In response, the defendant asserted that the State had failed to strike similarly situated Caucasian jurors. However, the State showed that the other jurors at issue had significant work histories, regardless of their current employment status. The trial court found that the defendant had failed to prove purposeful racial discrimination as to juror no. 3, and such determination was not clearly erroneous. See
Robert v. State,
Juror no. 29 was a Hispanic female who had started a new job a week before, who was in the middle of job training, and who expressed concern about missing work due to jury duty. According to the State, the juror expressed that it would be difficult to concentrate on the evidence because of her job concerns. The trial court found that this was a race-neutral reason for the strike. The defendant responded by noting that the juror was well-educated and intelligent, and that she had indicated that she could be fair and impartial if chosen as a juror. However, the trial court found that the defendant had failed to prove purposeful discrimination and rejected the Batson challenge as to this juror; such finding was not clearly erroneous.
As to juror no. 31, the State argued that she was an unemployed, 24-year-old, pregnant, single parent of two small children with no significant work history and no apparent stable home life. In addition, the State asserted that pregnant jurors as a group are “very nurturing and sympathetic towards defendants.” The trial court accepted these reasons as race-neutral. The defendant responded by arguing that the State’s preference for “professional women” automatically discriminated against African-American women; however, the trial court found that this argument supported only the prima facie case, and did not show purposeful discrimination. Accordingly, the trial court rejected the Batson challenge as to this juror. Although we agree with the defendant’s argument to this Court that striking a juror solely because of her pregnancy would violate equal protection principles, we uphold the trial court’s acceptance of the other race-neutral reasons for this strike. Further, the trial court’s determination that the defendant had failed to prove purposeful discrimination was not clearly erroneous.
3. The defendant next asserts that the trial court erred in refusing to admit a certified copy of the result of the preliminary hearing, which was being offered as impeachment evidence against Officer Huckabey. The defendant claims that he was entitled to use the certified copy to establish that the officer’s memory of the facts of this case was questionable.
Charges against the defendant were dropped following the preliminary hearing, but the defendant was subsequently indicted by a grand jury for this offense. During trial, the defendant questioned Officer Huckabey about whether she was “happy” with the results of the preliminary hearing; she testified that she was happy because the case was bound over to the superior court. The defendant then showed the officer a certified copy of the results of the hearing, and the officer admitted that the case was dismissed by the magistrate court. The defendant then attempted to admit into evidence the certified copy of the dismissal, and the State objected to the evidence as *119 irrelevant. The trial court agreed and refused to admit the certified copy.
“ ‘[W]hile a witness may be impeached on a collateral issue which is indirectly material to the issue in the case, a witness may not be impeached because of a discrepancy as to a wholly immaterial matter.’ ” (Citations omitted.)
Gilbert v. State,
4. Finally, the defendant asserts that the evidence was purely circumstantial, failed to exclude every other reasonable hypothesis that was inconsistent with his guilt, and was insufficient to support the verdict. We disagree.
Upon review of a conviction, the defendant no longer has the benefit of the presumption of innocence, and the evidence is viewed in a light most favorable to the jury’s verdict.
Mason v. State,
Judgment affirmed.
Notes
“ ‘The ultimate burden of persuasion about the racial motivation rests with and never leaves the opponent of the strike.’ ”
Holt v. Scott,
The defendant did not file a transcript of the voir dire of the jury pool. Accordingly, this Court must presume that the State’s characterization in the record of the juror’s responses is accurate.
