Brison v. State, 545 S.E.2d 345 (Ga. Ct. App. 2001). · Go Syfert
Brison v. State, 545 S.E.2d 345 (Ga. Ct. App. 2001). Cases Citing This Book View Copy Cite
18 citation events (18 in the last 25 years) across 1 distinct court.
Strongest positive: Neal v. State (gactapp, 2006-08-24)
Top citers, strongest first. 8 distinct citers.
discussed Cited as authority (rule) Neal v. State
Ga. Ct. App. · 2006 · confidence medium
Even if Neal did not abandon this error, this Court held in Brison v. State, 248 Ga. App. 168,169 (4) ( 545 SE2d 345 ) (2001), that “unless requests to charge are correct, even perfect, a refusal to give them is not reversible error.” Accordingly, the trial court did not err in *265 refusing to give the limited jury charge that Neal requested, because the certificates were not in fact admitted into evidence for a limited purpose.
discussed Cited as authority (rule) Anthony v. State
Ga. Ct. App. · 2005 · confidence medium
On appeal, Boatwright has challenged the sufficiency of the evidence supporting only his conviction for aggravated assault by use of his fists. 6 Jay v. State, 232 Ga. App. 661, 662 (1) ( 503 SE2d 563 ) (1998). 7 Id. 8 See Crider v. State, 246 Ga. App. 765, 768-769 (3) ( 542 SE2d 163 ) (2000) (indictment alleging aggravated assault by kicking and striking with hands need not further allege hands and feet used as deadly weapon). 9 266 Ga. 54 ( 464 SE2d 198 ) (1995). 10 (Citations and punctuation omitted.) Jay, supra at 662-663 (1). 11 See Kemp v. State, 257 Ga. App. 340, 341 (2) ( 571 SE2d 412 …
discussed Cited as authority (rule) Cummings v. State
Ga. Ct. App. · 2005 · confidence medium
Tom Durden, District Attorney, James S. Archer, Assistant District Attorney, for appellee. 1 (Footnote omitted.) Weeks v. State, 268 Ga. App. 886 (1) ( 602 SE2d 882 ) (2004). 2 (Citation and punctuation omitted.) Brison v. State, 248 Ga. App. 168, 169 (3) ( 545 SE2d 345 ) (2001). 3 See McGee v. State, 205 Ga. App. 722, 729 (13) ( 423 SE2d 666 ) (1992). 4 See Williams v. State, 270 Ga. App. 480, 482 ( 606 SE2d 671 ) (2004) (even where objection made as to voluntariness, failure to object to confession as inadmissible result of illegal detention waives latter argument on appeal); Thomas v. State…
cited Cited as authority (rule) Jones v. State
Ga. Ct. App. · 2004 · confidence medium
Induced error is impermissible and furnishes no ground for reversal.” (Citations and punctuation omitted.) Brison v. State, 248 Ga. App. 168, 169 (3) ( 545 SE2d 345 ) (2001). 2.
discussed Cited as authority (rule) Rose v. State
Ga. Ct. App. · 2002 · confidence medium
J., and Miller, J., concur. 1 Allen v. United States, 164 U. S. 492 (17 SC 154, 41 LE 528) (1896). 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Graham v. State, 236 Ga. App. 673, 675 (1) ( 512 SE2d 921 ) (1999). 4 Id. at 675 (2) (a). 5 OCGA § 16-8-7 (a); Ruffin v. State, 252 Ga. App. 289, 292 (3) ( 556 SE2d 191 ) (2001). 6 OCGA § 40-2-7; Rogers v. State, 185 Ga. App. 211, 213 (2) ( 363 SE2d 846 ) (1987). 7 See Petty v. State, 221 Ga. App. 125, 126-127 ( 470 SE2d 517 ) (1996). 8 Haxho v. State, 186 Ga. App. 393 ( 367 SE2d 282 ) (1988); Shirley v. State, 166 Ga. App…
cited Cited as authority (rule) White v. State
Ga. Ct. App. · 2002 · confidence medium
Brison v. State, 248 Ga. App. 168, 169 (6) ( 545 SE2d 345 ) (2001).
discussed Cited as authority (rule) Addison v. State
Ga. Ct. App. · 2002 · confidence medium
Smith, P. J., and Barnes, J., concur. 1 See Jackson v. Denno, 378 U. S. 368 (84 SC 1774, 12 LE2d 908) (1964). 2 Mosely v. State, 250 Ga. App. 892 ( 553 SE2d 197 ) (2001); Scott v. State, 240 Ga. App. 50, 51 (2) ( 522 SE2d 535 .) (1999). 3 See Mosely, supra; Scott, supra. 4 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 5 Cowan v. State, 243 Ga. App. 388 (1) ( 531 SE2d 785 ) (2000). 6 (Citations and punctuation omitted.) Gravitt v. State, 172 Ga. App. 861, 863 (1) ( 324 SE2d 803 ) (1984). 7 Jackson v. Virginia, supra; OCGA § 16-11-131; Gravitt, supra. 8 253 Ga. 429 ( 322 SE2d 228 ) (1984). 9 …
discussed Cited as authority (rule) Buchanan v. State
Ga. Ct. App. · 2002 · confidence medium
W., supra at 31-32, and cases cited therein. 11 (Citations, punctuation and footnote omitted.) Brison v. State, 248 Ga. App. 168, 169 (3) ( 545 SE2d 345 ) (2001). 12 (Emphasis in original.) 13 (Emphasis in original.) 14 Miller v. State, 221 Ga. App. 718, 719 (1) ( 472 SE2d 697 ) (1996). 15 Id. 16 Id. at 719-720 . 17 See Igidi v. State, 251 Ga. App. 581, 586-587 (5) ( 554 SE2d 773 ) (2001); Cloyd v. State, 237 Ga. App. 608, 610 (3) ( 516 SE2d 103 ) (1999); see Miller, supra at 718-720 (1). 18 Peeples v. State, 234 Ga. App. 454, 458 (5) ( 507 SE2d 197 ) (1998). 19 Id. 20 See Landers v. State, 23…
Brison
v.
the State
A01A0361.
Court of Appeals of Georgia.
Feb 2, 2001.
545 S.E.2d 345
Troy Brison, pro se., Barry E. Morgan, Solicitor, Todd H. Ashley, Assistant Solicitor, for appellee.
Mikell, Blackburn, Pope.
Cited by 9 opinions  |  Published
Mikell, Judge.

Troy Brison, proceeding pro se, was convicted of shoplifting and simple battery based on evidence which showed that he took a sweater from the J.C. Penney store at Cumberland Mall and then kicked the loss prevention officer who had followed him into the parking lot. Finding no error, we affirm.

1. At the outset we note that Brison’s brief does not comply with the rules of this Court in several respects. It contains no enumeration of errors as required by Court of Appeals Rule 27 (a) (2). See also OCGA § 5-6-40. Instead, the brief lists several arguments in the section captioned “Statement of Facts.” Further, the argument section of the brief merely restates various alleged errors and makes conclusory allegations which do not cogently follow the alleged errors set forth. “Our requirements as to the form of appellate briefs were created, not to provide an obstacle, but to aid parties in presenting their arguments in a manner most likely to be fully and efficiently comprehended by this Court.” Aldalassi v. Drummond, 223 Ga. App. 192 (1) (477 SE2d 372) (1996). Despite Brison’s violation of this Court’s rules, we will defer to his status as a pro se appellant and address the arguments presented, to the extent that we are able to discern them. See Jones v. State of Ga., 241 Ga. App. 768, 769 (1) (527 SE2d 611) (2000); James v. State, 214 Ga. App. 763 (449 SE2d 126) (1994).

2. At trial, the loss prevention officer testified that he observed the theft on a surveillance camera and, pursuant to store policy, waited until Brison exited the store before attempting to apprehend him. Brison contended that the state possessed a videotape of the officer’s observations, and he sought to compel discovery to review it. He also moved to suppress the evidence. The trial court held a pretrial hearing and determined that the state had no videotape of the incident. The court also informed Brison that in the event the state secured such a tape during trial, the state would not be permitted to introduce it into evidence. Accordingly, as the court in essence granted the relief Brison requested, he has no cause to complain on | appeal. Oliver v. State, 265 Ga. 653, 654 (2) (461 SE2d 222) (1995).

Moreover, we will not consider Brison’s argument, made for the I first time on appeal, that the trial court erred in refusing to compel j the state to disclose the nonexistent videotape because it was alleg[*169] edly exculpatory. “It is well settled that a reason urged by enumeration of error on appeal which is different from that urged below will not be considered for the first time on appeal.” (Punctuation omitted.) Kight v. State, 242 Ga. App. 13, 18 (3) (528 SE2d 542) (2000).

3. Brison next contends that the trial court denied him a fair trial by forcing him to proceed to trial unprepared. However, not only did Brison fail to move for a continuance, he filed a demand for a disposition of his accusation pursuant to OCGA § 42-6-5. Indeed, Brison never contended he was unprepared for trial until after the state cross-examined him. “A defendant will not be allowed to induce an asserted error, sit silently hoping for acquittal, and obtain a new trial when that tactic fails. Induced error is impermissible and furnishes no ground for reversal.” (Citations and punctuation omitted.) Mercier v. State, 203 Ga. App. 494, 495 (3) (417 SE2d 430) (1992). [1]

4. Brison enumerates as error the trial court’s refusal to charge the jury on lesser included offenses. However, the record shows that Brison’s requested charge merely recited OCGA § 16-1-7 and did not specify the offenses he wished the court to charge. It is well settled that unless requests to charge are correct, even perfect, a refusal to give them is not reversible error. “They must be legal, apt, [and] precisely calibrated to a relevant principle involved in the case. . . .” Rogers v. State, 234 Ga. App. 507, 509 (2) (507 SE2d 25) (1998). “A request to charge must be perfect in form; and it is not perfect when an inference is required to make it correct, and there is no error in refusing such a request.” Evans v. Caldwell, 52 Ga. App. 475, 486 (184 SE 440) (1936). As the requested charge was not adjusted to the facts of the case and required the court to infer the offenses Brison wished the court to charge, the trial court did not err in refusing to give the requested charge. Id.

5. Brison next asserts that his sentence is unconstitutional. This contention is meritless. Brison was sentenced to the maximum of twelve months for each offense, for a total of twenty-four consecutive months, including six on probation. The sentence imposed was authorized by OCGA § 17-10-3 (a), applicable to misdemeanor convictions. In addition, Brison was fined $250, which was the minimum required by OCGA § 16-8-14 (b) (1) (A), as this was his second shoplifting conviction.

6. Brison enumerates as error the trial court’s recharge to the jury on simple battery. However, the evidence shows that Brison stated that he had no objection after the charge was given. Therefore, he has waived this claim of error on appeal. Harris v. State, 272 Ga.[*170] 455, 456 (2) (532 SE2d 76) (2000).

Decided February 2, 2001 Reconsideration denied February 21, 2001 Troy Brison, pro se. Barry E. Morgan, Solicitor, Todd H. Ashley, Assistant Solicitor, for appellee.

Judgment affirmed.

Blackburn, C. J., and Pope, P. J., concur.
1

In a supplemental brief, Brison attempts to enlarge this enumeration of error to assert that a fatal variance existed between the accusation and the evidence. This he cannot do. Guest v. State, 229 Ga. App. 627, 628 (1) (494 SE2d 523) (1997).