Clark v. State, 611 S.E.2d 38 (Ga. 2005). · Go Syfert
Clark v. State, 611 S.E.2d 38 (Ga. 2005). Cases Citing This Book View Copy Cite
“where, as here, the evidence in the record shows completion only of the greater offense, it is unnecessary for the trial court to charge on the lesser offense.”
103 citation events (103 in the last 25 years) across 2 distinct courts.
Strongest positive: Dominique Styles v. State (gactapp, 2014-09-24)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 40 distinct citers.
examined Cited as authority (quoted) Dominique Styles v. State (3×) also: Cited "see"
Ga. Ct. App. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
where, as here, the evidence in the record shows completion only of the greater offense, it is unnecessary for the trial court to charge on the lesser offense.
examined Cited as authority (quoted) Styles v. State (3×) also: Cited "see"
Ga. Ct. App. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
where, as here, the evidence in the record shows completion only of the greater offense, it is unnecessary for the trial court to charge on the lesser offense.
discussed Cited as authority (rule) Singleton v. State (2×)
Ga. · 2025 · confidence medium
“In determining whether the trial court erred in denying the motion to suppress identification testimony, this court may consider the evidence adduced both at the suppression hearing and at trial.” Clark v. State, 279 Ga. 243, 245 (4) (611 SE2d 38) (2005) (citation omitted).
discussed Cited as authority (rule) DUNSTON v. THE STATE (Two Cases) (2×)
Ga. · 2024 · confidence medium
Further, whether to object 4 We note that one “[c]o-defendant[’s] . . . use of testimony showing him to be less culpable than [the other co-defendant] does not make their defenses antagonistic and prejudicial.” Clark v. State, 279 Ga. 243, 244-245 (3) ( 611 SE2d 38 ) (2005). 35 to a particular part of a prosecutor’s closing argument is a tactical decision, and counsel’s decision not to make an objection must be patently unreasonable to rise to the level of deficient performance.
discussed Cited as authority (rule) State v. David Wooten
Ga. Ct. App. · 2022 · confidence medium
See Green v. State, 291 Ga. 287, 293 (6) ( 728 SE2d 668 ) (2012) (“Georgia courts have repeatedly held that slight differences in the size, shading, or clarity of photographs used in an identification lineup will not render the lineup impermissibly suggestive.”) (citation and punctuation omitted); Whitaker, 269 Ga. at 463 (2) (“differences in the character of the photographs, variances in texture, shading or tone will not necessarily render the procedure impermissibly suggestive.”); Pinkins v. State, 300 Ga. App. 17, 21 ( 684 SE2d 275 ) (2009) (“slight differences in the size, shadin…
discussed Cited as authority (rule) Darren Thomas v. State
Ga. Ct. App. · 2020 · confidence medium
Georgia’s appellate courts have held previously, however, that “[t]he fact that [the] defendant’s picture was the only one to appear in [two separate] photo spreads does not demonstrate that the spreads were impermissibly [suggestive].” (Citation and 10 punctuation omitted.) Clark v. State, 279 Ga. 243, 245 (4) ( 611 SE2d 38 ) (2005).
discussed Cited as authority (rule) Roseboro v. State
Ga. · 2020 · confidence medium
See Waters v. State, 281 Ga. 119, 120 ( 636 SE2d 538 ) (2006) (concluding that the defendant “did not make a sufficient showing as to how the differences in his photos would have rendered the lineups or procedures suggestive” where the defendant contended that “the color of his shirt, position of his head, and complexion in his photograph were different from the other photos” in the lineup but “failed to show how these differences would render either lineup unduly suggestive”); Clark v. State, 279 Ga. 243, 245 ( 611 SE2d 38 ) (2005) (concluding that “the trial court was authorize…
discussed Cited as authority (rule) Raekwon Cade v. State
Ga. Ct. App. · 2019 · confidence medium
Miller, P. J., and Rickman, J., concur. 40 Clark v. State, 206 Ga. App. 10, 11 (1) ( 424 SE2d 310 ) (1992) (citations and punctuation omitted). 41 Clark v. State, 279 Ga. 243, 248 (8) ( 611 SE2d 38 ) (2005) (citations and punctuation omitted). 26
examined Cited as authority (rule) Lee v. the State (3×) also: Cited "see"
Ga. Ct. App. · 2015 · confidence medium
Dillard and McFadden, JJ., concur. 1 Jackson v. Virginia, 443 U. S. 307 ( 99 SCt 2781 , 61 LE2d 560) (1979). 2 “In determining whether the trial court erred in denying the motion to suppress identification testimony, this court may consider the evidence adduced both at the suppression hearing and at trial.” (Citation and punctuation omitted.) Clark v. State, 279 Ga. 243, 245 (4) ( 611 SE2d 38 ) (2005). 3 The trial court’s written order expressly extends only to the pre-trial identification, and the trial court clarified that this would be the case during the hearing. 4 See generally Reno…
discussed Cited as authority (rule) Wright v. State
Ga. · 2014 · confidence medium
We consider various factors in determining if there was a substantial likelihood of irreparable misidentification, including: (1) a witness’ opportunity to view the accused at the time of the crime; (2) the witness’ degree of attention; (3) the accuracy of the witness’ prior description of the accused; (4) the witness’ level of certainty at the confrontation; and (5) the length of time between the crime and the confrontation. *802 Mathis v. State, 293 Ga. 837, 842 (5) ( 750 SE2d 308 ) (2013). “ ‘In determining whether the trial court erred in denying the motion to suppress identifi…
discussed Cited as authority (rule) Wright v. State (2×)
Ga. Ct. App. · 2013 · confidence medium
Clark v. State, 279 Ga. 243, 247 (7) ( 611 SE2d 38 ) (2005) (citation and punctuation omitted).
discussed Cited as authority (rule) Glenard Rico Wright v. State (2×)
Ga. Ct. App. · 2013 · confidence medium
But neither police statement was introduced in evidence at trial, and the scant evidence concerning the content of either police statement did not show the completion of any specific offense.41 Because we will not speculate on the content of either girl’s written recitation,42 we cannot conclude that either police statement 40 Clark v. State, 279 Ga. 243, 246 (7) ( 611 SE2d 38 ) (2005) (citation and punctuation omitted). 41 Specifically, Wright’s cousin was asked, “Anywhere in this written statement do you mention a gun?” The girl said, “No.” Later, she was asked, “So that in you…
cited Cited as authority (rule) Price v. State
Ga. Ct. App. · 2013 · confidence medium
And “[t]his court will not disturb a sentence within the statutory limits.” (Citation and punctuation omitted.) Clark v. State, 279 Ga. 243, 248 (8) ( 611 SE2d 38 ) (2005). 4.
cited Cited as authority (rule) Sean Timothy Price v. State
Ga. Ct. App. · 2013 · confidence medium
And “[t]his court will not disturb a sentence within the statutory limits.” (Citation and punctuation omitted.) Clark v. State, 279 Ga. 243, 248 (8) ( 611 SE2d 38 ) (2005). 4.
examined Cited as authority (rule) Crowley v. State (3×) also: Cited "see"
Ga. Ct. App. · 2012 · confidence medium
Clark v. State, 279 Ga. at 247 (7); see Rainly v. State, 307 Ga. App. at 479-480 (11) (The trial court did not err in failing to give a jury charge on robbery as a lesser included offense to armed robbery, because the evidence was uncontradicted that a gun was used to effectuate the robbery and was brandished throughout the incident.). 3.
examined Cited as authority (rule) Teontre Crowley v. State (3×) also: Cited "see"
Ga. Ct. App. · 2012 · confidence medium
Clark v. State, 279 Ga. at 247 (7); see Rainly v. State, 307 Ga. App. at 479-480 (11) (The trial court did not err in failing to give a jury charge on robbery as a lesser included offense to armed robbery, because the evidence was uncontradicted that a gun was used to effectuate the robbery and was brandished throughout the incident.). 3.
discussed Cited as authority (rule) Dyer v. State
Ga. Ct. App. · 2009 · confidence medium
Adams and Doyle, JJ., concur. 1 OCGA § 16-7-1 (a). 2 OCGA § 16-7-20 (a). 3 Dennis v. State, 294 Ga. App. 171 ( 669 SE2d 187 ) (2008). 4 Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979). 5 Burdette v. State, 276 Ga. App. 695, 697 (1) ( 624 SE2d 253 ) (2005). 6 Gibson v. State, 267 Ga. App. 473, 474 (1) ( 600 SE2d 417 ) (2004). 7 Williams v. State, 280 Ga. 584, 586 (1) ( 630 SE2d 370 ) (2006). 8 Johnson v. State, 284 Ga. App. 147, 148 (1) (a) ( 643 SE2d 556 ) (2007). 9 Walker v. State, 281 Ga. App. 94, 100 (6) ( 635 SE2d 577 ) (2006). 10 Hayward-El v. State, 2…
discussed Cited as authority (rule) Character v. State
Ga. · 2009 · confidence medium
Accord Slakman, 272 Ga. at 667 . 10 255 Ga. 490, 493 ( 339 SE2d 922 ) (1986). 11 See, e.g., Cane v. State, 285 Ga. 19 ( 673 SE2d 218 ) (2009); Allen v. State, 284 Ga. 310, 314 ( 667 SE2d 54 ) (2008); Miller v. State, 283 Ga. 412, 414 ( 658 SE2d 765 ) (2008); Culmer v. State, 282 Ga. 330, 331 ( 647 SE2d 30 ) (2007); Williams v. State, 277 Ga. 853, 855 ( 596 SE2d 597 ) (2004). 12 Miller, 283 Ga. at 414-415 . 13 See n. 4, supra. 14 See Slakman, 272 Ga. at 667 ; Jackson, 256 Ga. at 537-538 . 15 Thomas v. State, 284 Ga. 540, 543-544 ( 668 SE2d 711 ) (2008). 16 Purvis v. State, 273 Ga. 898, 899 ( 54…
discussed Cited as authority (rule) McKenzie v. State
Ga. Ct. App. · 2008 · confidence medium
The jury found McKenzie not guilty of felony murder, possession of a knife during the commission of a crime, and cruelty to children. 2 See Brookshire v. State, 288 Ga. App. 766 ( 655 SE2d 332 ) (2007). 3 (Punctuation omitted.) Vergara v. State, 283 Ga. 175, 178 (1) ( 657 SE2d 863 ) (2008). 4 (Footnotes omitted.) Davenport v. State, 277 Ga. App. 758, 760 (1) ( 627 SE2d 133 ) (2006). 5 See Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1966). 6 See Etterle v. State, 155 Ga. App. 210 (1) ( 270 SE2d 376 ) (1980) (trial court’s determination that confession was freely and voluntari…
examined Cited as authority (rule) Jackson v. State (3×)
Ga. · 2008 · confidence medium
First, as this Court observed in the appeal of Jackson’s co-defendant, “neither the videotape nor a transcript of the audio portion is included in the appellate record,” Clark v. State, 279 Ga. 243, 244 (2) ( 611 SE2d 38 ) (2005), and that is also the situation in Jackson’s appeal.
discussed Cited as authority (rule) Ortiz v. State
Ga. Ct. App. · 2008 · confidence medium
J., and Johnson, P. J., concur. 1 (Emphasis supplied.) 2 State v. Epps, 267 Ga. 175, 176-177 ( 476 SE2d 579 ) (1996) (citation and punctuation omitted). 3 Moore v. State, 233 Ga. 861, 864 (2) (b) ( 213 SE2d 829 ) (1975) (citation omitted). 4 (Emphasis supplied.) 5 Stone v. State, 229 Ga. App. 367, 370 (1) (b) ( 494 SE2d 48 ) (1997) (if crime may be committed in more than one way, it is sufficient for state to show that it was committed in any of the separate ways listed in indictment, even if indictment uses conjunctive rather than disjunctive form). 6 See generally Clark v. State, 279 Ga. 243…
discussed Cited as authority (rule) Griffin v. State
Ga. · 2007 · confidence medium
Griffin has not demonstrated how he was harmed by her absence at the Thomas County trial, and the trial court was authorized to find that, in light of the foregoing procedure, Griffin was not harmed by her absence. 18 Christian v. State, 281 Ga. 474, 477 ( 640 SE2d 21 ) (2007). 19 Williams v. State, 279 Ga. 106, 110 ( 610 SE2d 32 ) (2005). 20 2 36 Ga. 389 ( 224 SE2d 1 ) (1976). 21 United States v. Lovasco, 431 U. S. 783 (97 SC 2044, 52 LE2d 752) (1977); United States v. Marion, 404 U. S. 307 (92 SC 455, 30 LE2d 468) (1971). 22 Moore v. State, 278 Ga. 473, 474 ( 604 SE2d 139 ) (2004); State v. …
discussed Cited as authority (rule) Espinosa v. State
Ga. Ct. App. · 2007 · confidence medium
Tom Durden, District Attorney, Henry P. Smith, Assistant District Attorney, for appellee. 1 Ruiz v. State, 277 Ga. App. 178 ( 626 SE2d 136 ) (2006) (citations and footnote omitted); see also Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2 Brown v. State, 267 Ga. App. 642, 645 (1) ( 600 SE2d 731 ) (2004) (footnote omitted). 3 Terrell v. State, 268 Ga. App. 173, 174 (2) ( 601 SE2d 500 ) (2004) (punctuation omitted). 4 See OCGA§ 24-4-6. 5 See Lee v. State, 281 Ga. App. 479, 479-482 (1) ( 636 SE2d 547 ) (2006); Jordan v. State, 281 Ga. App. 419, 423 (1) ( 636 SE2d 151 ) (20…
examined Cited "see" Kirkland v. State (4×)
Ga. · 2021 · signal: see · confidence high
See Clark v. State, 279 Ga. 243, 245 ( 611 SE2d 38 ) (2005).
discussed Cited "see" Mosley v. State (2×)
Ga. · 2020 · signal: see · confidence high
See Clark v. State, 279 Ga. 243 (4) ( 611 SE2d 38 ) (2005).
discussed Cited "see" BURKES v. the STATE. (2×)
Ga. Ct. App. · 2018 · signal: see · confidence high
See Clark v. State , 279 Ga. 243 , 245 (4), 611 S.E.2d 38 (2005) ; Bailey v. State , 338 Ga. App. 428 , 431 (1) n. 16, 790 S.E.2d 98 (2016), overruled in part on other grounds by Welbon v. State , 301 Ga. 106 , 107 (1) n. 2, 799 S.E.2d 793 (2017). (b) A search made pursuant to a special condition of parole that is based on a reasonable or good-faith suspicion of criminal activity is *795 permissible.
discussed Cited "see" Bellamy v. State (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See Clark v. State, 279 Ga. 243, 247 (7) ( 611 SE2d 38 ) (2005); Munoz v. State, 190 Ga. App. 806 (3) ( 380 SE2d 88 ) (1989).
discussed Cited "see" Denise Bellamy v. State (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See Clark v. State, 279 Ga. 243, 247 (7) ( 611 SE2d 38 ) (2005); Munoz v. State, 190 Ga. App. 806 (3) ( 380 SE2d 88 ) (1989).
examined Cited "see" State v. Smith (4×) also: Cited "see, e.g."
Ga. Ct. App. · 2011 · signal: see · confidence high
See Ga. L. 1994, p. 311, § 1. [9] 253 Ga. 287, 288 , 319 S.E.2d 864 (1984). [10] Id. [11] See, e.g., Clark v. State, 279 Ga. 243, 245 (4), 611 S.E.2d 38 (2005) (holding that State met its burden of proving that a photographic lineup was not impermissibly suggestive); Newkirk v. State, 155 Ga.App. 470, 472 (2), 270 S.E.2d 917 (1980) (holding that denial of defendant's motion to suppress did not shift burden placed upon State to show that pretrial identification was not tainted or impermissibly suggestive). [12] When a trial court issues a summary order, an examination of the accompanying heari…
discussed Cited "see" Lovelady v. State (2×)
Ga. Ct. App. · 2011 · signal: see · confidence high
Miller, P. J., and McFadden, J., concur. 1 Davis v. State, 286 Ga. 74, 76 (2) (a) ( 686 SE2d 249 ) (2009) (citation and punctuation omitted). 2 Id. 3 Karim v. State, 244 Ga. App. 282, 283-284 (2) ( 535 SE2d 296 ) (2000). 4 Karim, supra at 286 ; see Clark v. State, 279 Ga. 243, 245 (4) ( 611 SE2d 38 ) (2005) (finding existence of some variation among 14 photographs in array did not cause array to be impermissibly suggestive); Williams v. State, 275 Ga. 622, 623 (2) ( 571 SE2d 385 ) (2002) (finding slight differences between defendant’s facial hair, the hair on his head, and the darkness of th…
discussed Cited "see" Rainly v. State (2×)
Ga. Ct. App. · 2010 · signal: see · confidence high
OCGA § 16-8-41 (a) provides, in pertinent part, that a person commits the offense of armed robbery when, with intent to commit theft, he takes the property of another from the person or the immediate presence of another by use of an offensive weapon. 47 Compare Edwards v. State, 264 Ga. 131, 133 ( 442 SE2d 444 ) (1994). 48 See Martin v. State, 213 Ga. App. 146, 147 ( 444 SE2d 103 ) (1994). 49 Id.; see generally Clark v. State, 279 Ga. 243, 247 (7) ( 611 SE2d 38 ) (2005); Carter v. State, 257 Ga. App. 620, 622 (1) ( 571 SE2d 831 ) (2002). 60 See Martin, supra. 51 See Edwards, supra. 52 Gunter …
discussed Cited "see" Gomez v. State (2×)
Ga. Ct. App. · 2010 · signal: see · confidence high
See Clark v. State, 279 Ga. 243, 245 (4) ( 611 SE2d 38 ) (2005) (denial of motion to suppress identification testimony affirmed despite failure of State to present victim’s testimony).
discussed Cited "see" Williams v. State (2×)
Ga. Ct. App. · 2009 · signal: see · confidence high
See Clark v. State, 279 Ga. 243, 247 (8) ( 611 SE2d 38 ) (2005); Hampton v. State, 287 Ga. App. 896, 900-901 (3) ( 652 SE2d 915 ) (2007); Taylor v. State, 260 Ga. App. 890, 891 (2) ( 581 SE2d 386 ) (2003). “[T]he mere naked assertion by an accused that his prior counseled plea was not made knowingly and intelligently is insufficient.” Nash, 271 Ga. at 285 .
discussed Cited "see" Dempsey v. State (2×)
Ga. · 2005 · signal: see · confidence high
See Clark v. State, 279 Ga. 243, 247 (8) ( 611 SE2d 38 ) (2005) . “ ‘ “In the absence of legislation, the judiciary cannot exercise discretion in fixing the quantum of punishment to be inflicted upon criminals.
examined Cited "see, e.g." KIRKLAND v. THE STATE (Two Cases) (4×)
Ga. · 2024 · signal: see also · confidence medium
See also Clark v. State, 279 Ga. 243, 245 (4) ( 611 SE2d 38 ) (2005) (no abuse of discretion in trial court’s ruling that a lineup was not impermissibly suggestive where the witness was shown two lineups and the defendant’s photo was the only photo to appear in both).
discussed Cited "see, e.g." Ronta Garner v. State (2×)
Ga. Ct. App. · 2017 · signal: see also · confidence medium
See also, Clark v. State, 279 Ga. 243, 248 (8) ( 611 SE2d 38 ) (2005); OCGA § 16-11-106 (b).
discussed Cited "see, e.g." Garner v. State (2×)
Ga. Ct. App. · 2017 · signal: see also · confidence medium
See also, Clark v. State, 279 Ga. 243, 248 (8) ( 611 SE2d 38 ) (2005); OCGA § 16-11-106 (b).
discussed Cited "see, e.g." Smith v. the State (2×)
Ga. Ct. App. · 2016 · signal: see also · confidence medium
“However, when the State’s evidence establishes all of the elements of an offense, and there is no evidence raising the lesser included offense, the trial court does not err in refusing to give a charge on the lesser offense.” Id. (citations omitted); see also Clark v. State, 279 Ga. 243, 247 (7) ( 611 SE2d 38 ) (2005) (where the evidence in the record “shows completion only of the greater offenses, it is unnecessary for the trial court to charge on the lesser offenses”) (citation and punctuation omitted).
discussed Cited "see, e.g." Scudder v. State (2×)
Ga. · 2016 · signal: see, e.g. · confidence medium
See, e.g., Clark v. State, 279 Ga. 243, 248 (8) ( 611 SE2d 38 ) (2005); see also OCGA § 16-11-106 (b).
discussed Cited "see, e.g." Valentine v. State (2×)
Ga. Ct. App. · 2007 · signal: see also · confidence medium
Under OCGA § 24-3-50, an admissible confession “must have been made voluntarily, without being induced by another by the slightest hope of benefit or remotest fear of injury.” The record reveals that the officers told Valentine that he should “come off [his] part of it. . . [i]t makes a big difference.” Officers also told Valentine: “It will look a whole lot better on you to tell us what happened and name the other person, than it will for you to sit back and not say anything and look like a monster.” However, such “[a]dmonitions to tell the truth will not invalidate a confessio…
Clark
v.
the State
S05A0440.
Supreme Court of Georgia.
Mar 28, 2005.
611 S.E.2d 38
Jeffrey L. Grube, for appellant., Kelly R. Burke, District Attorney, George H. Hartwig III, Assistant District Attorney, Thurbert E. Baker, Attorney General, Vonnetta L. Benjamin, Assistant Attorney General, for appellee.
Carley.
Cited by 42 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 67%
Citer courts: Court of Appeals of Georgia (2)
CARLEY, Justice.

Tellis Lamar Clark was tried before a jury and found guilty of two alternative counts of the felony murder of Tamarcus Jordan, two separate counts which charged the underlying felonies of armed robbery and burglary, possession of a firearm during commission of a crime, possession of a firearm by a convicted felon, and aggravated assault against Phyllis Griffin. Treating the alternative count charging felony murder while in the commission of burglary as surplusage for sentencing purposes, the trial court merged armed robbery into the felony murder count based on that underlying felony, entered judgments of conviction for all remaining counts, and sentenced Clark to life imprisonment for the one count of felony murder, concurrent twenty-year terms without parole for burglary and aggravated assault, and a consecutive five-year term without parole for each count of firearm possession. The trial court denied a motion for new trial, and Clark appeals. [1]

1. Construed in support of the verdicts, the evidence, including eyewitness testimony of Clark’s co-indictee Cesar Sessions and of Ms. Griffin, the victim of the assault, shows that Clark, who was a convicted felon, and others planned to rob Jordan in his home. While Sessions was in the living room with Jordan looking at some cocaine, Clark entered the home, pointed a gun at them, left the room, returned with Ms. Griffin, and held the gun at her head. After Jordan jumped up, Clark urged Sessions to “burn him.” A struggle took place, Jordan broke away, and Sessions fatally shot him in the back and[*244] head. Sessions took money from Jordan’s pocket and gave some to Clark, and also took the cocaine. This evidence, which was properly admitted, was sufficient to enable a rational trier of fact to find Clark guilty beyond a reasonable doubt of the crimes for which he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Williams v. State, 276 Ga. 384 (1) (578 SE2d 858) (2003); Morgan v. State, 271 Ga. 885, 886 (1) (525 SE2d 691) (2000).

2. Clark urges that the trial court erroneously denied a motion to suppress his videotaped statement to the police, because certain comments by the interviewing detective constituted a hope of benefit as proscribed by OCGA § 24-3-50. However, neither the videotape nor a transcript of the audio portion is included in the appellate record. Also the index to exhibits indicates that the videotape was retained by the court reporter. Barrett v. State, 263 Ga. 533, 535 (3) (436 SE2d 480) (1993), overruled on other grounds, Wall v. State, 269 Ga. 506, 508-509 (2) (500 SE2d 904) (1998); Jarvis v. State, 253 Ga. App. 581, 582 (1) (560 SE2d 29) (2002). At the hearing on the motion to suppress, the detective was unable to confirm from his memory the exact comments about which Clark now complains on appeal. Accordingly, there is nothing in the record for us to review. Barrett v. State, supra at 536 (3); Jarvis v. State, supra at 583 (1).

Moreover, the statements attributed to the detective that he knew that Clark was not the triggerman and that triggermen receive harsher sentencing did not constitute the hope of a lighter sentence. Thus, any such comments were not sufficient to taint the voluntariness of Clark’s statements. Arline v. State, 264 Ga. 843 (2) (452 SE2d 115) (1995). See also Jones v. State, 266 Ga. App. 717, 720 (598 SE2d 366) (2004) (hope of benefit which will render a confession involuntary cannot relate to the sentence of another person).

3. Clark was tried jointly with Kenny Jackson, who participated in planning the robbery and drove one of the two getaway cars. Clark contends that the trial court erred in denying his motion to sever his trial from Jackson’s, because Cassandra Jackson, who drove the other car, had been romantically involved with co-defendant, was afraid of him, and testified so as to minimize the appearance of their participation and to blame Clark.

“It is incumbent upon the defendant who seeks a severance to show clearly that he will be prejudiced by a joint trial, and in the absence of such a showing, the trial court’s denial of a severance motion will not be disturbed. [Cit.]” Green v. State, 274 Ga. 686, 688 (2) (558 SE2d 707) (2002). A defendant does not make a sufficient showing of prejudice merely because “an accomplice, who is subject to cross-examination, takes the stand and blames the appellant or attributes to him a greater degree of culpability____[Cits.]” Chandler v. State, 213 Ga. App. 46, 47 (1) (443 SE2d 679) (1994). Co-defendant[*245] Kenny Jackson’s use of testimony showing him to be less culpable than Clark does not make their defenses antagonistic and prejudicial. Liggins v. State, 239 Ga. 452, 453 (1) (238 SE2d 34) (1977). Ms. Cassandra Jackson “ Voluntarily testified at trial and therefore [Clark] was not deprived of the opportunity to cross-examine (her) or otherwise present evidence to distinguish (his) culpability from that of [Ms. Jackson and co-defendant Kenny Jackson].’ ” Kidwell v. State, 264 Ga. 427, 432 (10) (444 SE2d 789) (1994). See also Slaughter v. State, 257 Ga. 104, 107 (2) (355 SE2d 660) (1987), overruled on other grounds, Woodard v. State, 269 Ga. 317, 319 (2), fn. 14 (496 SE2d 896) (1998). Indeed, her testimony on cross-examination included an admission of her involvement with, and fear of, Kenny Jackson, and was inculpatory of him. Thus, the trial court did not abuse its discretion in denying the motion to sever. Kidwell v. State, supra; Liggins v. State, supra; Chandler v. State, supra.

4. During investigation of the crimes, Ms. Griffin identified Clark in one lineup containing fourteen photographs and another consisting of six photographs. He enumerates as error the trial court’s denial of a motion to suppress evidence of these pre-trial identifications. Clark complains that his photograph was in both lineups, that the only criteria for selection of the 14 photographs was the inclusion of black males, and that, at the hearing on the motion, the State offered the testimony of a detective, but did not present Ms. Griffin’s testimony or otherwise meet its burden of proof.

“The fact that defendant’s picture was the only one to appear in both photo spreads does not demonstrate that the spreads were impermissibly defective. [Cit.]” Dudley v. State, 179 Ga. App. 252, 253 (1) (345 SE2d 888) (1986). See also Brodes v. State, 250 Ga. App. 323, 326 (2) (b) (551 SE2d 757) (2001). The existence of some variation in the 14 photographs does not cause that lineup to be impermissibly suggestive, particularly in light of the relatively high number of photographs. See United States v. Sanchez, 24 F3d 1259, 1262 (10th Cir. 1994); Williams v. State, 275 Ga. 622, 623 (2) (571 SE2d 385) (2002); Brodes v. State, supra at 325 (2) (a). The detective’s testimony was a sufficient basis for denial of the motion regarding the pre-trial identifications. Indeed, the trial court was not required to hold any pre-trial hearing on that motion. Moore v. State, 215 Ga. App. 626 (1) (451 SE2d 534) (1994). “In determining whether the trial court erred in denying the motion to suppress identification testimony, this court may consider the evidence adduced both at the suppression hearing and at trial. [Cits.]” Davis v. State, 216 Ga. App. 580, 581 (1) (455 SE2d 115) (1995). The photographic displays have “been included in the record and, based upon our review..., we conclude that ‘the trial court was authorized to find that there was no impermissible suggestiveness. (Cits.)’ [Cit.]” Williams v. State, 275 Ga., supra at 623 (2).

[*246] 5. Clark contends that the trial court erroneously permitted the State to present evidence of a similar transaction, because the prior crimes were not reported to law enforcement or prosecuted, were proved only by unsubstantiated, rambling testimony of Clifford Jackson, Jr., and did not have any logical or credible connection to the crimes charged here.

Just two weeks before Jordan’s murder, according to Clifford Jackson’s testimony, Clark, Kenny Jackson and others entered Clifford Jackson’s residence near midnight, assaulted and injured him and a female victim, used guns, committed robbery, and took items from the home. These similarities were sufficient to make the previous crimes probative of Clark’s course of conduct, intent, and bent of mind. Boyd v. State, 275 Ga. 237 (2) (564 SE2d 185) (2002); Roker v. State, 262 Ga. 220, 221 (2) (416 SE2d 281) (1992). After reviewing the transcript, we conclude that “[ajmple ‘proof’ of the similar transaction was presented. No corroboration of the victim’s testimony is required. [Cit.] And a similar transaction is admissible notwithstanding the lack of an indictment____[Cit.]” Goodroe v. State, 238 Ga. App. 66, 69 (2) (d) (518 SE2d 139) (1999). “ ‘[I]t is well settled that there need not be a criminal charge or conviction relating to a similar offense for it to be admissible.’ [Cits.]” Smith v. State, 265 Ga. App. 57, 60 (2) (592 SE2d 871) (2004). Likewise, the fact that the victims failed to report the prior crimes to the police does not make the similar transaction inadmissible. Lewis v. State, 179 Ga. App. 121, 122 (2) (346 SE2d 70) (1986). “We find no error in the admission of this evidence under the standard set forth in Williams v. State, 261 Ga. 640 (2) (b) (409 SE2d 649) (1991). [Cit.]” Boyd v. State, supra at 238 (2).

6. The denial of a motion for mistrial is enumerated as error. Clark argues that the playing of a certain portion of his videotaped statement improperly placed his character in issue. As noted in Division 2, neither the videotape nor a transcript of the statement is in the record. According to the trial court, however, Clark stated on the videotape that, shortly before entering the house, he told Sessions that Jordan had already called the police on Clark at Taco Bell. Since this statement grew out of the circumstances leading up to the commission of the crimes, it was “admissible as part of the res gestae even if such evidence incidentally placed [Clark’s] character in evidence. [Cit.]” Kellibrew v. State, 239 Ga. App. 783, 786 (3) (521 SE2d 921) (1999). See also OCGA§ 24-3-3; Patel v. State, 278 Ga. 403, 405 (2) (603 SE2d 237) (2004); Thrasher v. State, 265 Ga. 401, 402 (2) (456 SE2d 578) (1995). Moreover, the statement was admissible as evidence of prior difficulties between Clark and the victim to show motive, intent, and bent of mind. Gresham v. State, 255 Ga. App. 625, 628 (2) (566 SE2d 380) (2002).

[*247] 7. Clark contends that the trial court erred in failing to give his requests to charge the jury on the lesser included offenses of attempted armed robbery, attempted burglary, criminal trespass, robbery by intimidation, and theft by taking. Where, as here, the evidence in the record “shows completion only of the greater offense [s], it is unnecessary for the trial court to charge on the lesser offense[s]. [Cit.]” Jenkins v. State, 270 Ga. 607, 608 (2) (c) (512 SE2d 269) (1999). The trial court properly refused to instruct on “robbery by intimidation and theft by taking. The evidence showed a completed act of armed robbery. [Cit.] Nor did the court err in refusing to give appellant’s requests to charge on attempt. The evidence showed completed acts.” Buice v. State, 191 Ga. App. 7, 9 (8) (380 SE2d 741) (1989). Furthermore, the trial court did not err in refusing to charge the jury on criminal trespass. Contrary to Clark’s assertion, the State’s evidence clearly showed that he entered the residence without authority and with the intent to commit a felony or theft therein and, therefore, that he was guilty of “burglary. Appellant did not testify in his own defense. [Cit.]£ “The uncontradicted evidence (thus) showed completion of the greater offense ... so that the charge on the lesser offense was not required. (Cits.)” (Cits.)’ [Cit.]” Munoz v. State, 190 Ga. App. 806 (3) (380 SE2d 88) (1989).

8. Clark also contends that his sentences were improper under Georgia law in several respects.

He makes a general assertion that the State failed to establish that he was a three-time repeat offender so that he could be sentenced as a recidivist under OCGA § 17-10-7 (a), (c). At the sentencing hearing, however, the State introduced certified copies of convictions proving that, while represented by counsel, Clark had pled guilty to at least three separate felony offenses. He did not produce any counter evidence showing an infringement of his rights or a procedural irregularity in the taking of the pleas. Accordingly, the State properly met its burden of proof. Nash v. State, 271 Ga. 281, 285 (519 SE2d 893) (1999).

Other contentions regarding Clark’s sentences are likewise without merit. The trial court did not err in failing to merge the separate burglary count, since only one felony need be merged with the felony murder conviction. Furthermore, the facts used to prove the burglary were separate and distinct from those used to prove the subsequent armed robbery, which the trial court properly merged into the felony murder count. Taylor v. State, 275 Ga. 461, 462 (1) (569 SE2d 520) (2002); Bay v. State, 266 Ga. App. 91, 92 (4) (596 SE2d 229) (2004). The 20-year sentences without parole for burglary and aggravated assault were not improper merely because Clark will be eligible for parole on the murder conviction in 14 years pursuant to OCGA § 17-10-6.1 (c) (1). OCGA § 17-10-7 (a), (c) mandated the maximum[*248] sentences for burglary and aggravated assault without parole, and did not require probation or suspension of any part. “This court will not disturb a sentence within the statutory limits.” Scott v. State, 240 Ga. App. 586, 588 (3) (524 SE2d 287) (1999). Clark was properly sentenced for possession of a firearm during the commission of a crime, predicated on the burglary count, since that crime involves illegal entry into a building under OCGA § 16-11-106 (b) (2). State v. Marlowe, 277 Ga. 383, 386-387 (3) (589 SE2d 69) (2003). See also Brown v. State, 267 Ga. App. 642, 646 (1) (c) (600 SE2d 731) (2004). The trial court had broad discretion to impose either a concurrent or consecutive sentence for possession of a firearm by a convicted felon, “and the record does not show that the court made this decision under a misapprehension about the scope of its discretion.” Braithwaite v. State, 275 Ga. 884, 889 (9) (572 SE2d 612) (2002). See also Clark v. State, 206 Ga. App. 10, 11 (1) (424 SE2d 310) (1992).

Decided March 28, 2005 Reconsideration denied April 14, 2005. Jeffrey L. Grube, for appellant. Kelly R. Burke, District Attorney, George H. Hartwig III, Assistant District Attorney, Thurbert E. Baker, Attorney General, Vonnetta L. Benjamin, Assistant Attorney General, for appellee.

Judgments affirmed.

All the Justices concur.
1

The crimes took place on January 6, 2003, and the grand jury returned an indictment on February 12, 2003. The jury found Clark guilty on October 2,2003 and, on October 9, 2003, the trial court entered the judgments of conviction and sentences. On October 17, 2003, Clark filed a motion for new trial, which was amended on June 8, 2004 and denied on July 27, 2004. Clark filed a notice of appeal on August 13, 2004. The case was docketed in this Court on November 10, 2004 and submitted for decision on January 3, 2005.