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Herieia v. State

The victim's testimony about a second unidentified victim was admissible as part of the res gestae.

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A jury found Armondo Herieia1 guilty of armed robbery and aggravated assault. Herieia appeals, alleging the trial court erred in admitting evidence during the course of the trial. Herieia also claims he received ineffective assistance of trial counsel. Because we find no harmful error, we affirm Herieia’s convictions. 1. Herieia contends the trial court erred in admitting into evidence a knife allegedly used by him against the victim because the knife was not timely produced to the defense prior to trial. We find no harmful error.

Pretermitting whether the state’s compliance with OCGA § 17-16-4 a 3 A was sufficient in this case for the introduction of the knife, Herieia’s claim still fails because the state complied with the newly-discovered evidence statute. This statute provides as follows: If prior to or during trial a party discovers additional evidence or material previously requested or ordered which is subject to discovery or inspection under this article, such party shall promptly notify the other party of the existence of the additional evidence or material and make this additional evidence or material available as provided in this article.2 It is only where a defendant shows that the state failed to comply with the discovery statute, that the state acted in bad faith, and that the defendant would be prejudiced thereby that the trial court may exclude evidence improperly withheld from the defense.3 Here, Herieia has failed to establish the three requirements above.

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