Lorene Nichols appeals her conviction for the sale of cocaine in violation of the Georgia Controlled Substances Act. She alleges that the evidence is not sufficient to identify her as the perpetrator of the crime alleged, and that the trial court erred by denying two motions
1. Nichols contends the evidence introduced was not sufficient to prove beyond a reasonable doubt that she committed the crime for which she was convicted, and she focuses on whether an undercover police officer should have been permitted to identify her in court. That issue, however, is not the issue enumerated as error.
Further, it is not our function to reconsider the evidence concerning Nichols’ identification and independently decide whether the identification was sufficient. Moreover, Nichols made no motion to exclude the identification and did not object to the testimony concerning the identification. Therefore, we will not consider the issue as it is raised for the first time on appeal.
Scott v. State,
Instead, our function, addressing the error enumerated, is to consider only whether the evidence is sufficient to sustain the finding of guilty
(Ridley v. State,
2. Nichols also alleges that the trial court erred by denying her motion for a mistrial after the undercover officer testified that she had purchased drugs from another person at Nichols’ trailer. The record shows that on cross-examination by Nichols’ counsel on which visit to Nichols’ trailer the cocaine was purchased (“You don’t recall if this was the first or thé last or the middle or when it was?”) the officer responded: “It wasn’t the last and it wasn’t the first. I had made two previous buys from her trailer from another individual.” The record shows that Nichols promptly moved for a mistrial and, after reviewing the transcript and finding a close question, the trial court denied Nichols’ motion and instructed the jury that they should “totally and completely wipe that [comment] from your mind and totally and completely disregard it.”
This enumeration of error asserts that it was error to deny Nichols’ motion for a mistrial because the witness’ answer placed her character in question. The witness’ answer was during Nichols’ cross-examination, and this apparently “inadvertent comment in the course
Nichols, however, has not argued that the trial court abused its discretion and the record before us does not establish that the trial court did so. Although not directly responsive to the question posed, the officer’s response was directed toward answering the question and was not unresponsive. Further, the transcript shows that the trial court carefully considered the issue and took the corrective action it deemed warranted. Under the circumstances, we find no abuse of discretion, and hence, no error.
3. Nichols also asserts that the trial court erred by denying her motion for a mistrial after another police officer allegedly placed her character in issue by testifying that Nichols was identified using a “police department picture.” Although Nichols, based upon
Ogles v. State,
4. Nichols’ final enumeration of error contends the trial court erred by failing to give corrective instructions after having denied the motion for mistrial discussed in Division 3. There was no error. As the reference to a police department photograph did not place Nichols’ character in issue, no corrective instructions were required.
Judgment affirmed.