Gates v. State, 781 S.E.2d 772 (Ga. 2016). · Go Syfert
Gates v. State, 781 S.E.2d 772 (Ga. 2016). Cases Citing This Book View Copy Cite
492 citation events (492 in the last 25 years) across 2 distinct courts.
Strongest positive: Brandon Cox v. State (gactapp, 2026-03-04)
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2016 2021 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (quoted) Brandon Cox v. State (2×) also: Cited "see"
Ga. Ct. App. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
eyond showing a clear or obvious error, plain-error analysis requires the appellant to make an affirmative showing that the error probably did affect the outcome below.
examined Cited as authority (quoted) Cameron Jerome White v. State (2×) also: Cited "see"
Ga. Ct. App. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
ecause did not object to the prosecutor's argument at trial, he has waived review of these arguments on appeal, as the alleged errors here based on improper remarks during closing argument are not subject to review on appeal for plain error.
discussed Cited as authority (quoted) Dana Evans v. State (2×) also: Cited "see"
Ga. Ct. App. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
beyond showing a clear or obvious error, plain-error analysis requires the appellant to make an affirmative showing that the error probably did affect the outcome below
examined Cited as authority (quoted) Moon v. State (4×) also: Cited "see"
Ga. · 2021 · signal: see · quote attribution · 2 verbatim quotes · confidence high
ecause gates did not object to the prosecutor's argument at trial, he has waived review of these arguments on appeal, as the alleged errors here based on improper remarks during closing argument are not subject to review on appeal for plain error.
examined Cited as authority (quoted) Shane H. Berryhill v. Dale P. Daly (2×) also: Cited "see"
Ga. Ct. App. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
ecause gates did not object to the prosecutor's argument at trial, he has waived review of these arguments on appeal, as the alleged errors here based on improper remarks during closing argument are not subject to review on appeal for plain 3 error.
examined Cited as authority (rule) Flint Douglas Duerfeldt v. State (3×) also: Cited "see"
Ga. Ct. App. · 2026 · confidence medium
But as Duerfeldt acknowledges, because he did not object to Brown’s testimony, the ruling related to this evidence is only “subject to review on appeal for plain error affecting substantial rights.”2 In this respect, the Supreme Court of Georgia has adopted the federal plain-error standard of review, as explained by the Supreme Court of the United States in Puckett v. United States.3 Under this four-pronged test, 2 Gates v. State, 298 Ga. 324, 326 (3) ( 781 SE2d 772 ) (2016) (punctuation omitted).
discussed Cited as authority (rule) Moss v. State
Ga. · 2025 · confidence medium
Within that wide latitude, a prosecutor may comment upon and draw deductions from the evidence pre- sented to the jury.”) (cleaned up); Gates v. State, 298 Ga. 324, 328 (2016) (clos- ing arguments are not evidence).
discussed Cited as authority (rule) Watkins v. State
Ga. · 2025 · confidence medium
However, Watkins “has waived review of . . . the allegedly improper closing argument[s] . . . due to his failure to object below.” Gates v. State, 298 Ga. 324, 329 (4) ( 781 SE2d 772 ) (2016) (explaining that “plain error review for alleged improper remarks during closing argument in criminal cases does not exist pursuant to . . .
cited Cited as authority (rule) Watkins v. State
Ga. · 2025 · confidence medium
However, Watkins “has waived review of . . . the allegedly improper closing argument[s] . . . due to his failure to object below.” Gates v. State, 298 Ga. 324, 329 (4) (781 assistance”).
discussed Cited as authority (rule) Diontra Miller v. State (2×)
Ga. Ct. App. · 2025 · confidence medium
(Citation and punctuation omitted.) Gates v. State, 298 Ga. 324, 327 (3) ( 781 SE2d 772 ) (2016).
examined Cited as authority (rule) Siders v. State (4×) also: Cited "see"
Ga. · 2024 · confidence medium
See OCGA § 24-1-103 (d) (authorizing court to review unpreserved claims related to admission or exclusion of evidence for “plain errors affecting substantial rights”); Gates v. State, 298 Ga. 324, 326-327 (781 SE2d 772) (2016) (adopting federal plain-error standard for reviewing claims of unpreserved evidentiary error under OCGA § 24-1-103 (d)). 7 Appellant contends 7 To prevail on a claim of plain error, an appellant bears the burden of showing error that was not intentionally waived; that is clear or obvious; that affected the appellant’s substantial rights, which generally means it …
examined Cited as authority (rule) Pittman v. State (4×)
Ga. · 2024 · confidence medium
See, e.g., State v. Kenney, 315 Ga. 408 , 413 n.10 ( 883 SE2d 298 ) (2023) (noting that “we ordinarily review forfeited evidentiary arguments for plain error”); Gates v. State, 298 Ga. 324, 326-327 ( 781 SE2d 772 ) (2016) (adopting federal plain-error standard for reviewing claims of unpreserved evidentiary error under OCGA § 24-1-103 (d)).
discussed Cited as authority (rule) Madera v. State (2×)
Ga. · 2024 · confidence medium
Specifically, Madera asserts for the first time on appeal that the admission of an “excessive number of photographic exhibits” at trial, including autopsy photographs, rendered the body camera footage cumulative and, thus, “unfairly prejudicial.” Because Madera did not object on this basis at trial, we review this claim only for plain error.3 See Gates v. State, 298 Ga. 324, 327 (3) reviewed the sufficiency of the evidence as a matter of constitutional due process, though many of us have questioned the soundness of that approach.
discussed Cited as authority (rule) Kalone Antoine Wilson v. State (2×) also: Cited "see"
Ga. Ct. App. · 2024 · confidence medium
See Ga. L. 2011, pp. 99, 124-125, § 2 (Act 52). 12 249 Ga. 519 ( 292 SE2d 389 ) (1982), superseded by statute as stated in Nundra v. State, 316 Ga. 1 ( 885 SE2d 790 ) (2023). 13 See Nundra v. State, 316 Ga. 1, 13-14 (5) (a) ( 885 SE2d 790 ) (2023) (holding because defendant’s objection to expert testimony on appeal was not the same as the issue raised at trial, his claim could only be reviewed for plain error); Anthony v. State, 302 Ga. 546, 549 (II) ( 807 SE2d 891 ) (2017) (holding that “[i]n order to preserve an objection for ordinary appellate review, the specific ground of the objecti…
discussed Cited as authority (rule) Reese v. State (2×)
Ga. · 2023 · confidence medium
But the record shows that the trial court instructed the jury that the State bore the burden of disproving affirmative defenses beyond a reasonable doubt, so this claim presents nothing for our review. 15 the appellant’s substantial rights, which in the ordinary case means he must demonstrate that it “affected the outcome of the trial court proceedings.” Fourth and finally, if the above three prongs are satisfied, the appellate court has the discretion to remedy the error— discretion which ought to be exercised only if the error “‘seriously affect[s] the fairness, integrity or publ…
examined Cited as authority (rule) King v. State (3×)
Ga. · 2023 · confidence medium
See Walker v. State, 312 Ga. 232 , 236-237 17 ( 862 SE2d 285 ) (2021) (failure to object to closing arguments amounts to waiver); Gates v. State, 298 Ga. 324, 328-329 ( 781 SE2d 772 ) (2016) (holding that the defendant “waived review of his arguments relating to the allegedly improper closing argument here due to his failure to object below” because plain-error review does not apply to closing arguments). (c) King’s claims that the trial court erred by allowing witness testimony about voluntary intoxication and not issuing a clarifying instruction about the relationship between voluntary…
examined Cited as authority (rule) Nundra v. State (4×)
Ga. · 2023 · confidence medium
Thus, because Nundra “did not raise these specific objections in the trial court below, his claim may be reviewed only for plain error.” Morton v. State, 306 Ga. 492, 497 (3) (831 SE2d 740) (2019) (citing Gates v. State, 298 Ga. 324, 326-327 (3) (781 SE2d 772) (2016)). (b) Nundra has not shown plain error.
discussed Cited as authority (rule) Taylor v. State (2×)
Ga. · 2023 · confidence medium
Third, the error must have affected the appellant’s substantial rights, which in the ordinary 16 case means he must demonstrate that it “affected the outcome of the trial court proceedings.” Fourth and finally, if the above three prongs are satisfied, the appellate court has the discretion to remedy the error— discretion which ought to be exercised only if the error “‘seriously affect[s] the fairness, integrity or public reputation of judicial proceedings.’” Gates v. State, 298 Ga. 324, 327 (781 SE2d 772) (2016) (quoting State v. Kelly, 290 Ga. 29, 33 (718 SE2d 232) (2011)).
discussed Cited as authority (rule) Daniels v. State (2×)
Ga. · 2022 · confidence medium
(Citations and punctuation omitted.) Gates v. State, 298 Ga. 324, 327 (3) (781 SE2d 772) (2016).
discussed Cited as authority (rule) Harris v. State
Ga. · 2022 · confidence medium
Because Georgia’s Evidence Code based its relevance definition on Rule 401 of the Federal Rules of 14 Evidence, we “look to decisions of the federal appeals courts construing and applying the Federal Rules, especially the decisions of the Eleventh Circuit,” Gates v. State, 298 Ga. 324, 327 ( 781 SE2d 772 ) (2016) (citations and punctuation omitted), and the Eleventh Circuit has explained that it is “universally conceded that the fact of an accused’s flight, escape from custody, resistance to arrest, concealment, assumption of a false name, and related conduct, are admissible as evide…
discussed Cited as authority (rule) Harris v. State
Ga. · 2022 · confidence medium
Because Georgia’s Evidence Code based its relevance definition on Rule 401 of the Federal Rules of Evidence, we “look to decisions of the federal appeals courts construing and applying the Federal Rules, especially the decisions of the Eleventh Circuit,” Gates v. State, 298 Ga. 324, 327 ( 781 SE2d 772 ) (2016) (citations and punctuation omitted), and the Eleventh Circuit has explained that it is “universally conceded that the fact of an accused’s flight, escape from custody, resistance to arrest, concealment, assumption of a false name, and related conduct, are admissible as evidence…
discussed Cited as authority (rule) Payne v. State
Ga. · 2022 · confidence medium
The unavailability of ordinary appellate review does not end our analysis, however, because Payne’s evidentiary claim is still “subject to review on appeal for plain error affecting substantial rights.” Gates v. State, 298 Ga. 324, 326 (3) ( 781 SE2d 772 ) (2016) (citation and punctuation omitted).
discussed Cited as authority (rule) Payne v. State
Ga. · 2022 · confidence medium
See White v. State, 305 Ga. 111 , 113 n.2 ( 823 SE2d 794 ) (2019) (analysis limited to review for plain error where appellant failed to object at trial to admission of testimony on the basis later raised in amended motion for new trial); State v. Herrera-Bustamante, 304 Ga. 259, 263 (2) (a) ( 818 SE2d 552 ) (2018) (ordinary appellate review precluded where argument raised for first time in motion for new trial). 1 The unavailability of ordinary appellate review does not end our analysis, however, because Payne’s evidentiary claim is still “subject to review on appeal for plain error affect…
examined Cited as authority (rule) Thomas McClure v. State (3×)
Ga. Ct. App. · 2021 · confidence medium
Hearsay is an out-of-court statement offered “to prove the truth of the matter asserted.” OCGA § 24-8-801 (c); Gates v. State, 298 Ga. 324, 326 (2) ( 781 SE2d 772 ) (2016).
examined Cited as authority (rule) Bobby Goforth v. State (3×) also: Cited "see"
Ga. Ct. App. · 2021 · confidence medium
Fourth and finally, if the above three prongs are satisfied, the appellate court has the discretion to remedy the error—discretion which ought to be exercised only if the error seriously 20 Gates v. State, 298 Ga. 324, 326 (3) ( 781 SE2d 772 ) (2016) (punctuation omitted); see OCGA § 24-1-103 (d) (“Nothing in this Code section shall preclude a court from taking notice of plain errors affecting substantial rights although such errors were not brought to the attention of the court.”). 21 556 U.S. 129 ( 129 SCt 1423 , 173 LE2d 266) (2009); see Gates, 298 Ga. at 326 (3) (noting that the Sup…
examined Cited as authority (rule) Wilson v. State (4×)
Ga. · 2021 · confidence medium
See OCGA § 24-1-103 (a), (d); Gates v. State, 298 Ga. 324, 327 (3) (781 SE2d 772) (2016). 7 To establish plain error, Wilson must show the following: First, there must be an error or defect – some sort of deviation from a legal rule – that has not been intentionally relinquished or abandoned, i.e., affirmatively waived, by the appellant.
examined Cited as authority (rule) WILLIAMS v. HARVEY (6×) also: Cited "see"
Ga. · 2021 · confidence medium
See OCGA § 9-10-185 (in civil cases, “[w]here counsel in the hearing of the jury make statements of prejudicial matters which are not in evidence, it is the duty of the court to interpose and prevent the same.”); OCGA § 17-8-75 (same 5 To the extent subsequent cases followed Reno for this proposition with respect to evidentiary errors, they have likewise been abrogated, including CSX Transp., Inc. v. Smith, 289 Ga. 903, 907 (2) (717 SE2d 209) (2011); Lewis v. State, 279 Ga. 69, 73 (5) n.17 (608 SE2d 602) (2005); Rouse v. State, 290 Ga. App. 740, 742 (1) (660 SE2d 476) (2008); Pruette v. …
discussed Cited as authority (rule) Davis v. State (2×)
Ga. · 2021 · confidence medium
To constitute an affirmative waiver, an error must have been “intentionally relinquished or abandoned.” State v. Kelly, 290 Ga. 29, 33 (718 SE2d 232) (2011) (citation and punctuation omitted).6 Here, Davis’s trial counsel “intentionally relinquished” any objection to the trial court’s Rule 804 ruling when he agreed with the State’s Rule 804 analysis (“She’s right, Judge.”) and asked that all of Trey’s previous 6 Although Kelly addressed the plain-error standard for jury charges, Kelly, 290 Ga. at 32-33, we held in Gates v. State, 298 Ga. 324, 327 (781 SE2d 772) (2016), th…
discussed Cited as authority (rule) Vickie Lynn Kennison v. Tanisha Mayfield
Ga. Ct. App. · 2021 · confidence medium
Kennison’s 13 See Chrysler Group, LLC v. Walden, 303 Ga. 358, 368-369 (II) (A) ( 812 SE2d 244 ) (2018). 14 Id. at 369 (II) (B) (holding that because a party failed to object to the admission of evidence based on OCGA § 24-4-403, “we can only analyze whether the admission of this evidence [on this ground] constituted plain error, not whether it was an ‘ordinary’ abuse of discretion”). 15 (Citations and punctuation omitted.) Gates v. State, 298 Ga. 324, 327 ( 781 SE2d 772 ) (2016).
discussed Cited as authority (rule) Joshua Davis v. State
Ga. Ct. App. · 2021 · confidence medium
Gates v. State, 298 Ga. 324, 328-329 (4) ( 781 SE2d 772 ) (2016); Shepherd, 347 Ga. App. at 307 ; see also Brooks v. State, 309 Ga. 630, 638 (3) ( 847 SE2d 555 ) (2020). (c) Davis argues that the trial court should have granted a mistrial when the State made an improper argument concerning Davis’ constricted pupil size.
discussed Cited as authority (rule) Pender v. State (2×)
Ga. · 2021 · confidence medium
(Citations and punctuation omitted.) Gates v. State, 298 Ga. 324, 327 (3) ( 781 SE2d 772 ) (2016).
discussed Cited as authority (rule) Jonathan Kendricks v. State (2×)
Ga. Ct. App. · 2021 · confidence medium
Gates v. State, 298 Ga. 324, 328-329 (4) ( 781 SE2d 772 ) (2016).4 As for the “Thanksgiving table” 4 In Gates, the Supreme Court of Georgia concluded that plain error review does not apply to challenges to improper closing arguments, and so the lack of a contemporaneous objection waives any appellate review.
examined Cited as authority (rule) Barry Williams v. State (7×) also: Cited "see"
Ga. Ct. App. · 2021 · confidence medium
“Thus, beyond showing a clear or obvious error, plain-error analysis requires the appellant to make an affirmative showing that the error probably did affect the outcome below.” Gates, supra at 327 (3) (citation and punctuation omitted). 4 Setting aside whether the testimony was properly admitted, Williams cannot affirmatively show that the alleged error probably affected the outcome below.
discussed Cited as authority (rule) Thrift v. State
Ga. · 2020 · confidence medium
See Corley v. State, 308 Ga. 321, 326 (5) ( 840 SE2d 391 ) (2020); Gates v. State, 298 Ga. 324, 328-29 (4) ( 781 SE2d 772 ) (2016) (alleged errors arising from remarks during closing argument not raised below are not subject to plain error review). 14 person in Camden County, who was a known associate of [Thrift], knew him well. . . .
cited Cited as authority (rule) Alphonso Wooten v. State
Ga. Ct. App. · 2020 · confidence medium
And plain error review is not “available for errors relating to alleged improper remarks being made during closing argument[.]” Gates v. State, 298 Ga. 324, 329 (4) ( 781 SE2d 772 ) (2016). 3.
discussed Cited as authority (rule) Steven Spires v. State
Ga. Ct. App. · 2020 · confidence medium
Also, Spires acknowledged during direct-examination that he had various criminal convictions, and the trial court twice charged the jury that Spires was “on trial for the offenses charged in [the] indictment only and not for any other acts.” Although testimony of the aggravated assault conviction brought forth some concerning details – namely, that Spires had been accused of attempting to shove a flashlight into the vagina of the victim in that case – in light of the strength of the evidence against Spires, he has not demonstrated that the admission of this evidence “probably did aff…
discussed Cited as authority (rule) Jackson v. State
Ga. · 2020 · confidence medium
But because Appellant “did not object to the prosecutor’s argument at trial, he has waived review of these arguments on appeal, as the alleged errors here based on improper remarks during closing argument are not subject to review on appeal for plain error.” 3 See also OCGA §§ 17-7-110 (“All pretrial motions, including demurrers and special pleas, shall be filed within ten days after the date of arraignment, unless the time for filing is extended by the court.”), 17-7-113 (“All exceptions which go merely to the form of an indictment or accusation shall be made before trial.”). …
discussed Cited as authority (rule) Coleman Riley v. State (2×)
Ga. Ct. App. · 2020 · confidence medium
Gates v. State, 298 Ga. 324, 326 (3) ( 781 SE2d 772 ) (2016); see also OCGA § 24-1-103 (d).
cited Cited as authority (rule) Marshall v. State
Ga. · 2020 · confidence medium
Gates v. State, 298 Ga. 324, 328 (4) ( 781 SE2d 772 ) (2016).
cited Cited as authority (rule) Brooks v. State
Ga. · 2020 · confidence medium
See id.; Gates v. State, 298 Ga. 324, 328-329 (4) ( 781 SE2d 772 ) (2016).
examined Cited as authority (rule) Clay v. State (3×) also: Cited "see"
Ga. · 2020 · confidence medium
Because Clay failed to raise these issues in the trial court below and to obtain a ruling on them, and because none of these claims assert an evidentiary or instructional error reviewable for plain error, see Gates v. State, 298 Ga. 324, 327 (3) ( 781 SE2d 772 ) (2016) (holding that the plain error test for alleged jury instruction errors also applies to evidentiary errors), they are not preserved for appellate review by this Court, see Harris v. State, 304 Ga. 276, 279 (2) ( 818 SE2d 530 ) (2018). 2.
discussed Cited as authority (rule) Ladarious Sherrod v. State (2×) also: Cited "see"
Ga. Ct. App. · 2020 · confidence medium
Fourth and finally, if the above three prongs are satisfied, the appellate court has the discretion to remedy the error—discretion which ought to be exercised only if the error seriously affects the fairness, integrity or public reputation of judicial proceedings.17 15 Gates v. State, 298 Ga. 324, 326 (3) ( 781 SE2d 772 ) (2016) (punctuation omitted); see OCGA § 24-1-103 (d) (“Nothing in this Code section shall preclude a court from taking notice of plain errors affecting substantial rights although such errors were not brought to the attention of the court.”). 16 556 U.S. 129 ( 129 SCt…
discussed Cited as authority (rule) Jason Andrew Lopez v. State
Ga. Ct. App. · 2020 · confidence medium
Therefore, in light of the overwhelming evidence of Lopez’s guilt for the offenses, “it cannot be said that any error in the admission of this other evidence likely affected the outcome below.” Gates v. State, 298 Ga. 324, 328 (3) ( 781 SE2d 772 ) (2016). 3.
cited Cited as authority (rule) Keller v. State
Ga. · 2020 · confidence medium
See id.; Gates v. State, 298 Ga. 324, 328-329 (4) ( 781 SE2d 772 ) (2016). (b) Keller alleges that his trial counsel was ineffective because she was unprepared for trial, citing three instances.
examined Cited as authority (rule) Sheila Smith v. State (4×) also: Cited "see, e.g."
Ga. Ct. App. · 2020 · confidence medium
Fourth and finally, if the above three prongs are satisfied, the appellate court has the discretion to remedy the error — discretion which ought to be exercised only if the error seriously affects the fairness, integrity or public reputation of judicial proceedings.15 14 See Gates v. State, 298 Ga. 324, 326 (3) ( 781 SE2d 772 ) (2016) (applying the plain error standard to unobjected-to evidentiary rulings); see also OCGA § 24-1- 103 (d). 15 Gates, 298 Ga. at 327 (3) (citation and punctuation omitted). 6 In this case, Smith cannot satisfy the third prong of the plain error test, that is, “…
discussed Cited as authority (rule) Kerry Dwight Albright v. State
Ga. Ct. App. · 2020 · confidence medium
To establish plain error, an appellant must show an error or defect that he has not “affirmatively waived,” that is “clear or obvious,” and that “affected [his] substantial rights” by “affect[ing] the outcome of the trial court proceedings”; if these three requirements are satisfied, we have the discretion to remedy the error but should do so only if the error “seriously affects the fairness, integrity or public reputation of the judicial proceedings.” (Citation and punctuation omitted.) Gates v. State, 298 Ga. 324, 327 (3) ( 781 SE2d 772 ) (2016).
cited Cited as authority (rule) Travis Wilson v. State
Ga. Ct. App. · 2020 · confidence medium
Gates v. State, 298 Ga. 324, 327 (3) ( 781 SE2d 772 ) (2016) (citations and punctuation omitted).
examined Cited as authority (rule) Jonathan Chitwood v. State (3×) also: Cited "see"
Ga. Ct. App. · 2019 · confidence medium
Gates v. State, 298 Ga. 324, 326 (3) ( 781 SE2d 772 ) (2016).
discussed Cited as authority (rule) Martin v. State
Ga. · 2019 · confidence medium
See OCGA § 24-1-103 (d); 6 see also Gates v. State, 298 Ga. 324, 328-329 (4) ( 781 SE2d 772 ) (2016) (plain error review under OCGA § 24-1-103 (d) is available only for challenges to rulings on the admission or exclusion of evidence).
examined Cited as authority (rule) Raekwon Cade v. State (3×)
Ga. Ct. App. · 2019 · confidence medium
During the motion for new trial hearing, the Appellant did not identify the document nor proffer it. 33 See OCGA § 24-1-103 (d) (“Nothing in this Code section shall preclude a court from taking notice of plain errors affecting substantial rights although such errors were not brought to the attention of the court.”); Gates v. State, 298 Ga. 324, 326 (3) ( 781 SE2d 772 ) (2016). 21 Pretermitting whether the document could have been used pursuant to OCGA § 24-6-612 (a),34 to refresh the memory of a witness while testifying, the Appellant has not affirmatively shown that the alleged “error…
Retrieving the full opinion text from the archive…
Gates
v.
the State
S15A1407.
Supreme Court of Georgia.
Jan 19, 2016.
781 S.E.2d 772
Saraliene Smith Durrett, for appellant., Robert D. James, Jr., District Attorney, Deborah D. Wellborn, Assistant District Attorney; Samuel S. Olens, Attorney General, Patricia B. Attaway Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Vicki S. Bass, Assistant Attorney General, for appellee.
Melton.
Cited by 163 opinions  |  Published
4 passages pin-cited by 4 cases
Pinpoint authority: #48,494 of 633,719
Citer courts: Court of Appeals of Georgia (3) · Supreme Court of Georgia (2)
Melton, Justice.

Following a jury trial, Lamar Gates was found guilty of malice murder and various other crimes in connection with the shooting death of Anthony Wilson. [1] On appeal, Gates contends, primarily, that the trial court erred in allowing certain evidence to be admitted at[*325] trial, including various text messages and “other act” evidence in violation of the rules set forth in Georgia’s new Evidence Code; [2] that the prosecutor engaged in prosecutorial misconduct in his closing argument; and that Gates’s trial counsel was ineffective. For the reasons set forth below, we affirm.

1. Viewed in the light most favorable to the jury’s verdict, the evidence presented at trial revealed that, on November 30, 2012, police were called to an apartment complex in DeKalb County, where they found Anthony Wilson shot six times and deceased in the parking lot. At the scene, police recovered ten 9-millimeter cartridge casings, all of which were determined to be fired from the same firearm. At the time of the shooting, Gates, a convicted felon, lived in one of the buildings at the apartment complex with his girlfriend, Elizabeth Perticari, who formerly bought marijuana from the victim, Wilson.

The day before the shooting, Wilson sent Perticari pictures of his genitals from his cell phone. Wilson also sent Perticari a text message, which stated: “yu eva lonely yu can call me;)))) [sic].” Later that evening, Gates took Corey Perry, a neighbor, to a fast food restaurant, where he bemoaned Wilson sending the naked pictures to his girlfriend and told Perry that he was going to “see about” Wilson. On several prior occasions, Gates had shown Perry firearms that he had purchased, and, on the Sunday before the murder, Gates showed Perry and his wife a handgun.

The day of the shooting, Gates picked up Perticari from work and brought her back to their apartment around 4:00 p.m. After arriving, Perticari took her dog outside, saw Wilson, and confronted him about sending the genitalia pictures and message the day before. Gates followed Perticari out of the apartment. Moments later, Perticari heard gunshots, and her dog pulled her away from the scene. Two eyewitnesses who knew Gates saw him shoot Wilson multiple times and leave the scene in his green pickup truck. Four days after the shooting, on December 4, 2012, law enforcement officers identified[*326] Gates’s truck in a parking lot, surrounded him, and took him into custody. During the arrest, officers found a loaded .45-caliber handgun in the truck. [3]

The evidence was sufficient to enable a rational trier of fact to find Gates guilty of all of the crimes of which he was convicted beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SCt 2781, 61 LE2d 560) (1979).

2. Gates asserts that the trial court erred in admitting into evidence the text message that Wilson sent Perticari along with naked pictures of himself, arguing the text message was inadmissible hearsay. We disagree, however, as the text message here did not constitute hearsay.

For a statement to constitute hearsay, it must be “offered in evidence to prove the truth of the matter asserted.” OCGA § 24-8-801 (c). Here, the declarant’s statement at issue was: “yu eva lonely yu can call me ;)))) [sic].” The text message sent along with the naked pictures was not offered to prove that Gates’s girlfriend could in fact call, or had permission to call, Wilson if she were lonely. Rather, the text message was offered to show its effect on Gates and his motive for committing the murder. See United States v. Cruz, 805 F2d 1464, 1478 (III) (11th Cir. 1986) (“[A]n utterance may be admitted to show the effect it has on a hearer”) (citation omitted); see also Miller v. State, 275 Ga. 32, 36 (4) (561 SE2d 810) (2002) (“[F]or such a purpose, the statement [ ] would not be hearsay as [it was] not offered for the truth of the matters asserted, but for the effect, or lack thereof, on the hearer.”). As such, Gates’s claim that this evidence was inadmissible because it was hearsay is without merit.

3. Gates contends that the trial court committed plain error by admitting evidence and allowing testimony regarding firearms that were not the murder weapon. We disagree.

Although Gates did not object to this evidence at trial, under Georgia’s new Evidence Code, the rulings related to this evidence are subject to review on appeal for “plain error[ ] affecting substantial rights.” OCGA § 24-1-103 (d). We have adopted the federal plain error standard, articulated by the United States Supreme Court in Puckett v. United States, 556 U. S. 129, 135 (II) (129 SCt 1423, 173 LE2d 266) (2009), when reviewing jury charges that a defendant fails to object to at trial. See State v. Kelly, 290 Ga. 29, 33 (2) (a) (718 SE2d 232) (2011). And, in this regard, “[m]any provisions of the new Evidence Code were borrowed from the Federal Rules of Evidence, and when our courts consider the meaning of these provisions, they[*327] look to decisions of the federal appeals courts construing and applying the Federal Rules, especially the decisions of the Eleventh Circuit.” (Citation omitted.) State v. Frost, 297 Ga. 296, 299 (773 SE2d 700) (2015). [4] For plain error review of rulings on evidence, the Eleventh Circuit’s test tracks the four-pronged standard we adopted in Kelly, supra. [5] Accordingly, the same plain error standard that we adopted in Kelly with respect to jury charges also applies to rulings on evidence. Specifically:

First, there must be an error or defect — some sort of “[djeviation from a legal rule” — that has not been intentionally relinquished or abandoned, i.e., affirmatively waived, by the appellant. Second, the legal error must be clear or obvious, rather than subject to reasonable dispute. Third, the error must have affected the appellant’s substantial rights, which in the ordinary case means he must demonstrate that it “affected the outcome of the trial court proceedings.” Fourth and finally, if the above three prongs are satisfied, the appellate court has the discretion to remedy the error — discretion which ought to be exercised only if the error “ ‘seriously affect[s] the fairness, integrity or public reputation of judicial proceedings.’ ”

(Punctuation and emphasis omitted.) Kelly, supra, 290 Ga. at 33 (2) (a), quoting Puckett, supra, 556 U. S. at 135 (II). Thus, beyond showing a clear or obvious error, “plain-error analysis... requires the appellant to make an affirmative showing that the error probably did affect the outcome below.” (Citation and punctuation omitted.) Shaw v. State, 292 Ga. 871, 873 (2) (742 SE2d 707) (2013).

Here, Gates challenges the admission of testimony regarding other guns that he owned (not the murder weapon) and evidence and testimony relating to a .45-caliber handgun (also not the murder weapon) that was found during his arrest. However, pretermitting[*328] the question whether this evidence could have been properly admitted under OCGA § 24-4-404 (b) (Rule 404 (b)), Gates cannot “affirmative [ly] show[ ] that the [alleged] error probably did affect the outcome below.” Shaw, supra. Indeed, in light of the overwhelming evidence of Gates’s guilt — including evidence that he gunned down Wilson in the middle of the afternoon in front of two eyewitnesses who knew him and in the presence of his girlfriend, after promising to others that he was going to “see about” Wilson — it cannot be said that any error in the admission of this other evidence likely affected the outcome below.

4. Next, Gates alleges that the prosecutor engaged in prosecu-torial misconduct by making arguments during his closing about Gates’s propensity to use guns, and that the trial court committed plain error by allowing the prosecutor to make such arguments. Specifically, Gates points to portions of the prosecutor’s closing argument in which he encourages the jury to “connect the dots” between the fact that eyewitnesses saw Gates shoot Wilson with a gun on November 30,2012, with other testimony showing that Gates, a convicted felon, had shown guns to other people in the past and possessed a loaded handgun at the time of his arrest. However, as explained more fully below, because Gates did not object to the prosecutor’s argument at trial, he has waived review of these arguments on appeal, as the alleged errors here based on improper remarks during closing argument are not subject to review on appeal for plain error.

As an initial matter, Georgia’s new Evidence Code, specifically OCGA § 24-1-103, deals with “ruling[s] which admit[ ] or exclude[ ] evidence” (emphasis supplied), and it is well settled that closing arguments do not amount to evidence. See, e.g., Jordan v. State, 293 Ga. 619 (2) (b) (748 SE2d 876) (2013). See also OCGA § 24-1-103 (d) (“Nothing in this Code section [specifically concerning ‘ruling[s] which admit [ ] or exclude [ ] evidence’] shall preclude a court from taking notice of plain errors affecting substantial rights.”). Furthermore, the published Eleventh Circuit cases that allow for plain error review of improper closing arguments in criminal cases do not do so pursuant to Federal Rule of Evidence 103, upon which OCGA § 24-1-103 is based, but Federal Rule of Criminal Procedure 52 (b), for which there is no Georgia state equivalent. See United States v. Bailey, 123 F3d 1381, 1400 (II) (C) (4) (11th Cir. 1997) (“When a defendant fails to object to the prosecutor’s closing argument, relief is available to rectify only plain error that is so obvious that failure to correct it would jeopardize the fairness and integrity of the trial. .. see Fed.R.Crim.P. 52(b).”); United States v. Frazier, 944 F2d 820, 823 (11th Cir. 1991) (“Because [the defendant’s] attorney failed to object[*329] to the prosecutors’ allegedly improper comments during opening and closing arguments, thereby possibly precluding appellate review, we must determine whether the prosecutors’ comments amounted to ‘plain error’ under Rule 52(b) of the Federal Rules of Criminal Procedure.”); United States v. Gipson, 593 F2d 7, 9 (5th Cir. 1979) (“Because the defense voiced no objection to the prosecutor’s . . . comment in closing argument, [the defendant] must demonstrate plain error, Fed.R.Cr.P. 52(b), to obtain a reversal of his conviction.”). See also United States v. Merrill, 513 F3d 1293, 1306-1307 (II) (E) (11th Cir. 2008), citing Bailey, supra. The fact that an entirely separate Federal Rule of Criminal Procedure exists to ensure that closing arguments, which are not evidence, may be reviewed for plain error in criminal cases, only underscores the notion that plain error review for alleged improper remarks during closing argument in criminal cases does not exist pursuant to Federal Rule of Evidence 103 or OCGA § 24-1-103 dealing with rulings on evidence. Because the Georgia legislature has not yet made plain error review available for errors relating to alleged improper remarks being made during closing argument, our prior case law relating to the waiver of issues on appeal stemming from improper closing arguments that were not objected to at trial remains unaffected by OCGA § 24-1-103 of Georgia’s new Evidence Code. We therefore conclude that Gates has waived review of his arguments relating to the allegedly improper closing argument here due to his failure to object below. See, e.g., Scott v. State, 290 Ga. 883, 885 (2) (725 SE2d 305) (2012) (“In the appeal of a non-capital case, the defendant’s failure to object to the State’s closing argument waives his right to rely on the alleged impropriety of that argument as a basis for reversal.”) (citation and punctuation omitted).

5. Gates contends that his trial counsel was ineffective when he (a) failed to object to the evidence of and testimony about the non-murder-weapon firearms, and (b) failed to object to the prosecutor’s closing argument. We disagree.

In order to succeed on his claim of ineffective assistance, [Gates] must prove both that his trial counsel’s performance was deficient and that there is a reasonable probability that the trial result would have been different if not for the deficient performance. Strickland v. Washington, 466 U. S. 668 (104 SCt 2052, 80 LE2d 674) (1984). If an appellant fails to meet his or her burden of proving either prong of the Strickland test, the reviewing court does not have to examine the other prong. Id. at 697 (IV); Fuller v. State, 277 Ga. 505 (3) (591 SE2d 782) (2004). In reviewing the trial court’s[*330] decision, “ ‘[w]e accept the trial court’s factual findings and credibility determinations unless clearly erroneous, but we independently apply the legal principles to the facts.’ [Cit.]” Robinson v. State, 277 Ga. 75, 76 (586 SE2d 313) (2003).
Decided January 19, 2016. Saraliene Smith Durrett, for appellant.

Wright v. State, 291 Ga. 869, 870 (2) (734 SE2d 876) (2012).

(a) Regarding the testimony about and evidence of non-murder-weapon handguns, trial counsel’s decision not to object to this evidence was reasonable and strategic. “Reasonable decisions as to whether to raise a specific objection are ordinarily matters of trial strategy and provide no ground for reversal.” (Citation omitted.) Anderson v. State, 285 Ga. 496, 499 (3) (a) (678 SE2d 84) (2009). Here, trial counsel testified at the motion for new trial hearing that he did not object to the Perrys’ testimony about the other firearms because he did not find them to be credible and he did not believe that the jury would find them to be credible, either. He even used in his closing argument the State’s inability to produce the murder weapon to discredit the Perrys’ testimony about Gates’s alleged use of guns. Regarding the .45-caliber handgun found during Gates’s arrest and the officers’ testimony about it, trial counsel used this evidence to emphasize that Gates was not charged with possession of that firearm, that the State could not prove that he possessed the murder weapon, and that the State introduced this evidence to mislead the jury. This strategy was reasonable, and Gates’s contention to the contrary is without merit. See Anderson, supra.

Furthermore, even if trial counsel’s performance was deficient, in light of the overwhelming evidence of Gates’ guilt, he cannot show a “reasonable probability that the trial result would have been different” but for trial counsel’s failure to object to the introduction of the firearm evidence. See, e.g., Ballard v. State, 297 Ga. 248 (6) (a) (773 SE2d 254) (2015).

(b) Similarly, Gates cannot carry his burden of showing that his trial counsel was ineffective for having failed to object to the prosecutor’s closing argument. Again, in light of the overwhelming evidence of Gates’s guilt, even if trial counsel’s performance were deficient, Gates cannot show the requisite prejudice in order to sustain his claim of ineffective assistance. See Mosley v. State, 295 Ga. 123 (2) (757 SE2d 828) (2014).

Judgment affirmed.

All the Justices concur. [*331] Robert D. James, Jr., District Attorney, Deborah D. Wellborn, Assistant District Attorney; Samuel S. Olens, Attorney General, Patricia B. Attaway Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Vicki S. Bass, Assistant Attorney General, for appellee.
1

On February 28, 2013, Gates was indicted on one count of malice murder, two counts of felony murder (predicated on aggravated assault and possession of a firearm by a convicted felon), one count of aggravated assault, one count of possession of a firearm by a convicted felon, and one count of possession of a firearm during the commission of a felony. Following a November 6-12, 2013 jury trial, Gates was found guilty on all counts. On December 18, 2013,[*325] the trial court sentenced Gates to life imprisonment for malice murder, five years concurrent for possession of a firearm by a convicted felon, and five consecutive years for possession of a firearm during the commission of a felony. The aggravated assault count was merged into the malice murder count for sentencing purposes, and the felony murder counts were vacated by operation of law. See Malcolm v. State, 263 Ga. 369 (4) (434 SE2d 479) (1993). Gates filed a motion for new trial on January 13, 2014, which he amended with new counsel on September 22, 2014. Following a November 4,2014 hearing, the court denied the motion on November 17, 2014. Gates’s timely appeal was docketed in this Court for the September 2015 term, and the case was orally argued on September 14, 2015.

2

Because this case was tried after January 1, 2013, Georgia’s new Evidence Code is applicable here.

3

Gates was not charged with possession of this handgun.

4

We also note that some “provisions of the new Evidence Code were carried over from our old Evidence Code, and when courts consider the meaning of those provisions, they may rely on Georgia decisions under the old Code.” Frost, supra, 297 Ga. at 299.

5

Indeed, as the Eleventh Circuit stated in United States v. Edouard, 485 F3d 1324,1343 (II) (C), n. 7 (11th Cir. 2007):

Under plain error review, there must be (1) an error, (2) that is plain, and (3) that affects the defendant’s substantial rights. For an error to affect substantial rights, “the error must have been prejudicial: It must have affected the outcome of the district court proceedings.” If the first three conditions of the plain error test are met, we may correct the error if it “seriously affects the fairness, integrity or public reputation of judicial proceedings.”

(citations omitted).