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Martinez v. State

Defendant waived his objection to detective's testimony since he merely raised an anticipatory objection before the detective took the stand and did not object at the time the detective testified.

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Jerry Martinez was convicted of two counts of armed robbery and one count of possession of a firearm during the commission of a felony. His motion for new trial was denied, and Martinez brings this appeal, contending that the trial court erred in allowing certain testimony by the arresting officer and that his trial counsel was ineffective. We find no merit in either enumeration of error, and we affirm the judgment.

1. Martinez first contends it was error to allow Gwinnett County Police Department Detective D.P. Henry to testify that Martinez was taken into custody on an outstanding warrant for an unrelated charge. We do not agree. First, Martinez raised no contemporaneous objection to the testimony. Although counsel did voice an objection to the anticipated testimony before the detective took the stand, he did not object at the time the testimony was given. An “anticipatory” objection cannot suffice to preserve the issue. It is well established that if the evidence is not objected to at the time it is admitted, its admission cannot later be raised as error on appeal. Sides v. State, 213 Ga. 482, 487-488 5 99 SE2d 884 1957. In Sides, the defense lawyer similarly objected to anticipated testimony, and the Supreme Court held that such objections are “premature” and cannot be considered objections to the testimony subsequently given. Id. at 488 5.

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