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Garvin v. State

The trial court did not err in admitting similar transaction evidence of the defendant's participation in a prior armed robbery to show identity and to rebut his defense that he was an unwilling participant, innocent bystander or withdrawn co-conspirator in the present crimes.

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A jury found Terrell Garvin guilty of armed robbery, kidnapping, aggravated assault, and burglary. In his sole enumeration of error, Garvin contends the trial court erred in admitting similar transaction evidence. We find no error and affirm Garvin’s convictions. Garvin’s enumeration of error fails for two reasons. First, although Garvin opposed the admission of the similar transaction evidence during a pretrial hearing, he did not raise any objection at trial when testimony regarding the similar transaction was admitted. Garvin, therefore, waived any objection to this evidence.1 “The rule requiring a trial objection on similar transaction evidence is firm in Georgia jurisprudence, and we are bound to follow it.”2 The matter was not preserved for appeal.

Additionally, even if the matter had been properly preserved for appeal, the similar transaction evidence was properly admitted. Similar transaction evidence is admissible where 1 the evidence is offered for a proper purpose, 2 the state establishes that the defendant committed the separate offense, and 3 there is sufficient similarity between the separate offense and the crime charged so that proof of the former tends to prove the latter.3 On appeal, this Court reviews the trial court’s decision to admit such evidence for abuse of discretion, and we will affirm a finding that two incidents are sufficiently similar unless it is clearly erroneous.4

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