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Casey v. State10/8/1999
agree that this officer's admission compromised the very foundation for admission of defendant's breath test under OCGA § 40-6-392 (A) (1), we find it highly probable that any error in the admission of the results of defendant's breath test did not contribute to the judgment in this case because the evidence of defendant's guilt was overwhelming. Hamilton v. State, 228 Ga. App. 285, 286 (4), 287 (491 SE2d 485).
4. Defendant contends the trial court erred in giving the pattern jury instruction as to the use of expert testimony. We do not agree. Officer McGrath's expert opinion as to defendant's driving abilities authorized the trial court's instruction on expert testimony. Contrary to defendant's assertion, Officer McGrath's training and experience qualified him as an expert in this area. See Tanner v. State, 225 Ga. App. 702 (484 SE2d 766).
5. Defendant contends the trial court erred in excluding evidence of a document which purports to be an employee performance appraisal which does not reflect favorably toward Officer McGrath. Defendant argues that this document was admissible as a business record. We do not agree. Because the alleged employee performance appraisal mostly reflects the opinion of an out-of-court declarant who was not subject to or available for cross-examination, the document was not shown to be admissible into evidence as a business record. Business records are admissible if the record reflects an act, occurrence or event - not an opinion. Johnson v. State, 168 Ga. App. 271, 272 (1) (308 SE2d 681). But even assuming the contrary, after a review of the record, we find that any error in refusing to admit Officer McGrath's employee performance appraisal to be harmless because Officer McGrath was cross-examined extensively about this document and he admitted most of the negative substance described therein. See Ansley v. State, 198 Ga. App. 452, 453 (402 SE2d 73).
Judgment affirmed. Johnson, C. J., and Phipps, J., concur.
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