Robinson v. State

In Robinson v. State, 192 Ga. App. 32, 33 (383 SE2d 593) (1989), appellant's statement to police included a reference to his prior use and sale of cocaine. Id. The Court held that these statements "did not constitute an integral part of a criminal confession nor was each statement an inseparable part of the total oral statement." Id. The Court noted that Robinson's confession that he had used cocaine in the past had nothing whatsoever to do with the conduct for which he was on trial. . . . Indeed, the statement cannot be construed as anything other than a denial of the offenses for which he was on trial. Thus, the only possible evidentiary function which the confession concerning prior cocaine use could have served as far as the state was concerned was an impermissible one, i.e., to impugn the appellant's character before the jury by showing that he was generally prone to criminal conduct.Id. at 34. The Court then considered whether the error was harmful, noting that "when the two statements regarding prior offenses are deleted from the statement in question, all that remains is appellant's strong denial that he committed the charged offense." Id. The Court concluded that because "the appellant vigorously contested his guilt with an aggressive alibi defense, under such circumstances, and in light of the posture of the State's evidence, we cannot say that this error was harmless." Id. at 35.