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Lockaby v. State

The state did not improperly place defendant's character in evidence when it questioned him about a prior positive drug screen to impeach his unsolicited testimony that he had only one positive drug screen-the drug screen which formed the basis of his prosecution.

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Following a jury trial, Roy Lockaby, Jr. was found guilty of possession of amphetamine. He appeals from the conviction and judgment entered thereon. Without challenging the sufficiency of the evidence, Lockaby argues that error occurred during the trial of his case in that comments made by the trial court during the course of the trial showed partiality in violation of OCGA § 17-8-57 and that his character was placed into evidence in violation of OCGA § § 24-2-2 and 24-9-20 b. Finding no error, we affirm. Taken in the light most favorable to the jury’s verdict,1 the evidence presented at trial showed that Dawn Wright, a probation officer with the Sentinel Offender Services, was assigned to supervise Lockaby’s probation as part of her duties. One of the special conditions of Lockaby’s probation was that he submit to random drug and alcohol tests. On August 3, 2001, when Lockaby reported to the probation office, Wright requested that he submit to a drug test. The results showed that Lockaby had amphetamines in his system.

1. Contrary to Lockaby’s assertions, the trial court did not improperly comment on the evidence in violation of OCGA § 17-8-57.

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