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Pinkney v. State

The defendant was not entitled to a mistrial based on defense counsel's misstatement of evidence during his opening argument, since the misstatement was later corrected.

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A jury convicted Jamaal Pinkney of two counts of attempted armed robbery OCGA § 16-4-1, two counts of false imprisonment OCGA § 16-5-41 a, and one count each of burglary OCGA § 16-7-1 b, interfering with an emergency telephone call OCGA § 16-10-24.3, and attempted burglary OCGA § 16-4-1.1 Pinkney appeals from the denial of his motion for new trial, contending that the trial court erred in 1 denying his motion for a mistrial after defense counsel misstated certain evidence during his opening statement, and 2 admitting into evidence Pinkney’s cell phone number and the records of his cell phone calls and text messages. For the reasons that follow, we affirm.

Viewed in the light most favorable to Pinkney’s conviction,2 the record shows that on the evening of December 31, 2011, an elderly woman and her live-in caregiver were watching television at the woman’s home in Lithia Springs. Pinkney had occasionally performed odd jobs for the elderly woman and, earlier that month, Pinkney had stopped by the woman’s house.

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