Williams v. StateWilliams v. State
- Reporters:
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- Before:
- Blackburn
Christopher J. Williams appeals his conviction of armed robbery, contending that the court erred in allowing the testimony of a witness and in failing to charge the jury regarding the effect of a confession by a joint conspirator.
The evidence shows that Williams and Matt Griffin drove to a Piggly Wiggly store in the early morning hours of October 28, 1995. Griffin entered the store by himself and robbed a Piggly Wiggly employee at gunpoint. In a statement to police offered at trial, Williams stated that Griffin returned to the car and told Williams to drive. Williams stated that Griffin showed him money and said that he had robbed the Piggly Wiggly with a fake gun. Griffin gave Wil *314 liams some of the money from the robbery.
At trial, the State also offered the testimony of Heath Register. Register testified that he had a discussion with Williams and Griffin at the Otilia Sweet Potato Festival, in which Williams and Griffin bragged about having robbed the Piggly Wiggly store.
1. Williams contends the trial court erred in allowing the testimony of Register, because the State failed to comply with its discovery obligations under
In reviewing a trial court’s decision whether to impose sanctions or take other corrective action as a result of the State’s failure to comply with its discovery obligations, the appropriate standard of review is whether the trial court abused its discretion. See
At trial, Williams’ attorney stated that he was not served with any discovery with respect to Register, and that he had no idea what Register would testify to. He stated that, “I object on that basis, that I was not properly served under the discovery statutes.” Williams’ attorney did not articulate the grounds for his objection until after Register had testified before the jury. At the start of Register’s testimony, Williams’ attorney asked to approach the bench. Following an unrecorded bench conference, the court stated that it would allow Williams’ attorney to make an objection at a later time as if it were being made at that time. The attorney made his objection at the conclusion of Register’s testimony, outside the presence of the jury.
Furthermore, at the time he made his objection, Williams’ attorney did not present to the trial court evidence of how the State had failed to comply with its discovery obligations, but merely stated that he had not been served with any discovery regarding Register. He did not indicate that he believed the State possessed any documents which should have been produced, nor did he request a continuance of the trial to review the State’s files to see if it possessed any documents which should have been produced. The prosecutor admitted that he had personally spoken with Register the day before trial. Although the State did not provide Williams with a summary of Register’s statement to the prosecutor, it was not obligated to do so
*315
under the discovery statute.
On appeal, Williams contends that the State in fact had obtained a previous statement from Register. Williams included, as part of the record on appeal, the transcript of a probable cause hearing held several months before trial, in which a police investigator testified that he had taken a statement from a witness regarding Griffin’s statements at the Ocilla Sweet Potato Festival. Although the investigator could not remember the witness’ name, it appears he was referring to Register.
If the police did obtain a written statement from Register and the State failed to produce such statement to Williams, this would have been sufficient to enable the trial court to find bad faith on the part of the State and to exclude Register’s testimony. See
2. Williams contends the court erred in failing to charge the jury on
Judgment affirmed.
Pope, P. J., and Johnson, J, concur.