Following a jury trial, Terry Heard was convicted on one count of possession of cocaine with intent to distribute,1 one count of possession of cocaine,2 and one count of failure to use a safety belt while operating a passenger vehicle.3 He appeals his convictions and the denial of his motion for new trial, arguing that the trial court erred in i giving an improper limiting instruction on the purpose for which similar transaction evidence was to be considered; ii failing to declare a mistrial when a witness for the State commented on his silence; iii allowing the State to make improper and prejudicial comments; and iv failing to find that he received ineffective assistance of counsel. For the reasons set forth below, we affirm. Viewed in the light most favorable to the verdict, Davis v. State ,4 the evidence shows that on May 16, 2001, a Catoosa County Sheriff’s Deputy was stopped at an intersection while on routine patrol, when he observed Heard, who was stopped at the opposite side of the intersection, driving his vehicle without wearing a seat belt. When it was safe to do so, the deputy pulled in behind Heard’s vehicle and initiated a traffic stop. The deputy, who knew Heard from having gone to high school with him, approached Heard’s vehicle, asked for his driver’s license, and informed him that he was being cited for driving without his seat belt. The deputy then returned to his own vehicle to write the traffic citation and to run a check on Heard’s license. A minute or so later, Heard exited his vehicle and leaned against it while nervously fidgeting with his pants pockets. Believing that the deputy was not paying close attention, Heard removed several small plastic bags containing an off-white substance from his pocket and attempted to throw the bags into a grassy area next to where the vehicles were parked. However, because of windy conditions, one of the bags landed on the trunk of Heard’s vehicle. Unbeknownst to Heard, the deputy had been observing him the entire time and, believing that the bags contained cocaine, had called for back-up in case Heard attempted to flee. In addition, the check on Heard’s license indicated that it had been suspended. Still unaware that he was being observed, Heard grabbed the bag that had landed on his trunk and tried to throw it underneath the deputy’s vehicle, but the bag landed on the vehicle’s bumper. Shortly thereafter, the back-up officer arrived, and the deputy informed Heard that he was being arrested for driving with a suspended license. Subsequently, the deputy and the officer retrieved the small plastic bags that Heard had discarded.
Heard was indicted on one count each of possession of cocaine with intent to distribute, possession of cocaine, and failure to use a safety belt while operating a passenger vehicle. At trial, the deputy recounted the details surrounding Heard’s arrest, and an officer with the GBI crime lab testified that the plastic bags that Heard had attempted to discard contained over 15 grams of cocaine. In addition, the State introduced similar transaction evidence that Heard had pled guilty to the charge of possession of cocaine approximately four years earlier. Heard testified and denied all the charges. He also proffered a witness, who testified that earlier on the same day that Heard was arrested, he saw two young men searching for something in the area where Heard was later stopped. At the trial’s conclusion, Heard was found guilty on all three counts of the indictment. He filed a motion for new trial, which was denied after a hearing. This appeal followed.
