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Odom v. State

The state did not discriminate on the basis of gender when it struck a single father because he might sympathize with defendant.

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Bobby Odom appeals his conviction, following a jury trial, for incest, child molestation, and the statutory rape of his minor daughter, contending that the trial court erred by 1 admitting character evidence against him regarding altercations that he had been in with his wife and 2 allowing the State to strike a juror based on his status as a single parent. For the reasons set forth below, we affirm.

1. Odom contends that the trial court erred by allowing the State to elicit similar transaction evidence from him on cross-examination about an altercation that he had with his wife which was unrelated to the acts of molestation. At the time that these questions were asked, however, Odom made no objection, and, as such, he has waived his right to raise this argument on appeal. Parrish v. State, 237 Ga. App. 274, 279 4 514 SE2d 458 1999. Moreover, even if it had been preserved for our review, Odom’s argument is untenable. The same evidence about which he now complains was originally introduced into evidence during direct examination by his own attorney, and “where the same fact has been admitted in evidence before the jury, without objection, such admitted evidence renders harmless admission of the same evidence over objection.” Masters v. State, 186 Ga. App. 795, 797 3 368 SE2d 557 1988; Cherry v. State, 230 Ga. App. 443, 446 4 496 SE2d 764 1998.

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