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Solomon v. State

Investigator's testimony that he used defendant's mug shot in a pretrial photographic line-up did not place defendant's character in issue.

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Defendant was convicted by a Gwinnett County jury of three counts of armed robbery1 and three counts of possession of a firearm during the commission of a felony.2 The superior court sentenced defendant to 20 years on each count of armed robbery to serve 15 years and to 5 years probation on the counts of possession of a firearm during the commission of a felony consecutive to his sentence to confinement for armed robbery. The superior court denied defendant’s motion for new trial, and he now appeals.

1. Defendant first enumerates that the superior court erred in denying his motion for mistrial for impermissibly putting his character in issue upon allowing Gwinnett County Police Department Investigator J. A. Rankin to testify, a that defendant admitted that he was driving another person’s car when he was stopped for a traffic violation about a month after the instant offenses had occurred and that defendant produced proof of insurance in another person’s name, and b that Investigator Rankin used a “book-in” photograph of the defendant obtained from the Clayton County Police Department in preparing a pretrial photographic lineup. This claim of error is without merit. “It is well settled that all circumstances connected with an accused’s arrest are admissible, even though they incidentally put his character in issue.”3 Further, testimony that a photograph is a “mug shot,” from the files of a police department, as here, does not put a defendant’s character in issue.4 Neither does such a photograph impermissibly place a defendant’s character in issue if it is shown to potential witnesses for purposes of identification.5 Accordingly, this claim of error is without merit.

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