State v. Hinson

Carley, Justice.

Fitzgerald Hinson was tried before a jury and found guilty of trafficking in cocaine, possession of cocaine with intent to distribute, and possession of a firearm during the commission of a crime. The trial court entered judgments of conviction and sentences, and subsequently denied Hinson’s motion for new trial. The Court of Appeals reversed, relying on Belt v. State, 227 Ga. App. 425 (1) (489 SE2d 157) (1997) as authority for holding that “the 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.” Hinson v. State, 229 Ga. App. 840, 842 (3) (494 SE2d 693) (1997). We granted the State’s petition for certiorari to consider this holding of the Court of Appeals. Here, the trial court gave a limiting instruction during its general charge to the jury. In Belt v. State, supra, the trial court gave no limiting instruction on similar transaction evidence at any time. Even so, this Court reversed the judgment in Belt, holding that, in the absence of a request, a trial court has no obligation to give a limiting instruction regarding similar transaction evidence. State v. Belt, 269 Ga. 763 (505 SE2d 1) (1998). Thus, in this case, the Court of Appeals erred in requiring that a trial court give a contemporaneous limiting instruction without request. Regardless of when the defendant wishes the jury instructed on the limited admissibility of similar transaction evidence, it is incumbent upon him to make a timely request to the trial court for such a charge.

Judgment reversed.

All the Justices concur, except Fletcher, P. J, who dissents.