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231 Ga. App. 706

Lunberry v. State

Court of Appeals of Georgia

Decided March 30, 1998

Court of Appeals of Georgia · decided 1998-03-30

Cited by 2 later decisions — most recently February 1999

2 state decisions

Relies on 229 Ga. App. 840 - Hinson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1998-03-30

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Blackburn, Judge.

¶1Darren Gene Lunberry appeals his conviction for possession of marijuana and driving under the influence of marijuana, based, in part, on the trial court’s failure to give a limiting instruction upon the admission of similar transaction evidence. For the reasons discussed below, we are compelled to reverse.

¶2It is undisputed, that on July 5, 1995, Lunberry was stopped by Officer Sam Duff at a roadside license and insurance inspection checkpoint and was ultimately charged with possession of marijuana and driving under the influence of marijuana. It is also undisputed that the trial court failed to give a limiting charge to the jury upon the admission of similar transaction evidence involving prior convictions for DUI. Although Lunberry made no specific objection regarding the lack of a limiting instruction relating to the similar transaction evidence admitted by the court, he reserved any objections to the court’s charge.

¶3This case is controlled by Hinson v. State, 229 Ga. App. 840, 842 (3) (494 SE2d 693) (1997). The admission of similar transaction evidence without accompanying limiting instructions is harmful as a matter of law. “[T]he trial court committed reversible error in failing to give, sua sponte, a limiting instruction contemporaneous with the admission of extrinsic acts or similar crimes evidence.” Id. As a result, Lunberry’s conviction must be reversed.

¶4Based on the above, it is unnecessary to address Lunberry’s remaining enumerations of error.

¶5Judgment reversed.

McMurray, P. J., and Eldridge, J., concur.Lydia J. Sartain, District Attorney, Lucy K. Henry, Assistant District Attorney, for appellee.
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