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Hopkins v. State

12/11/1998

n that identification affected the credibility of the witness, not the admissibility of his identification. Id. See also Hornsby v. State, 210 Ga. App. 571, 573, 436 S.E.2d 767, 768-69 (1993) ("That the victim was unable to identify defendant previously was a matter which went to the weight, not the admissibility, of the victim's testimony."). Accordingly, once the voice exemplar passed the relevance and reliability threshold, the nine-month delay between the robbery and the voice exemplar went to the weight of the evidence, not its admissibility. This is precisely what the trial court ruled as to defense counsel's objection.


We hold that the compelled voice exemplar was admissible. The evidence was material and had great probative value to the court as trier of fact that was not substantially outweighed by any prejudice to petitioner. Nor does the record reflect that the exemplar was unreliable. Therefore, the trial court did not abuse its discretion in admitting the voice identification testimony.


JUDGMENT OF THE COURT OF SPECIAL APPEALS AFFIRMED; COSTS TO BE PAID BY PETITIONER.






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