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Burton v. State

The trial court did not abuse its discretion in denying the defendant's motions for mistrial based on the State's failure to produce certain witness statements and its untimely disclosure of the defendant's custodial statement.

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Following a jury trial, Samuel Burton was convicted on three counts of criminal damage to property in the first degree. He appeals following the denial of his motion for new trial, arguing that the trial court erred in denying his motions for a mistrial based on the State’s discovery violations. For the reasons that follow, we affirm.

Viewed in the light most favorable to the jury’s verdict, Maloney v. State, 317 Ga. App. 460 731 SE2d 133 2012, the evidence at trial showed that while Jerry Roberts was driving home from work in the early evening on Richmond Hill Road on February 18, 2011, a young man on the side of the road threw a brick at his 2004 Toyota 4 Runner and struck the vehicle, breaking the windshield on the passenger side and tearing the antenna. The impact of the brick caused Roberts to swerve and nearly strike an oncoming vehicle. Roberts turned around to follow the young man and called 911. As he followed the young man, Roberts saw him jump up and hit a crosswalk sign and then kick a large trash can into the road in front of an SUV. Roberts also saw the man yell at the occupants of a car as the car turned into a fire station. At trial, Roberts identified Burton as the man who had thrown a brick at his car.

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