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Lopez v. State4/23/2004
certain or, for that matter, perfect, but whether it contains the elements of the offense intended to be charged, and sufficiently apprises the defendant of what he must be prepared to meet, and in case any other proceedings are taken against him for a similar offense, whether the record shows with accuracy to what extent he may plead a former acquittal or conviction.
Ross v. State, 235 Ga.App. 7, 8, 508 S.E.2d 424 (1998).
Lopez claims that this count of the indictment failed to place him on notice of the factual basis for the offense. But, although Lopez states that he was unable to prepare a defense to Count 3, he does not point out or show in what manner he was prejudiced or confused; but, instead, bases his argument on questions sent out by the jury, arguing that they were confused by the indictment. That is not the issue. "An indictment substantially in the language of the Code is sufficient in form and substance." Reed v. State, 205 Ga.App. 209, 210, 422 S.E.2d 15 (1992). Here, the indictment described the offense in terms of the statute, and Lopez has shown no error in the trial court's refusal to dismiss this count. Id.
8. In his last enumeration, Lopez claims the trial court erred in expressing an opinion during trial. He contends the trial court violated OCGA § 17-8-57 by commenting on the evidence. During the cross-examination of Pace, defense counsel read from a previous statement in the arrest affidavit sworn to by Pace as follows: "but instead intentionally accelerated heading his vehicle straight into the path of Sergeant Smith and his vehicle striking the right front end of Sergeant Smith's vehicle." Counsel then questioned Pace, stating: "Now you signed swearing this affidavit was true that he went **904 straight--and this is reading directly from it. (Reading) Straight into the path of Sergeant Smith. Is that correct?" The court stopped defense counsel and pointed out that what he read the second time was not the same as the first reading and stating: "I don't want you to be trying to leave an impression that there's impeaching--some impeaching quality to this. Because I haven't heard it yet." Counsel did not object to this statement by the court.
"In order to preserve for appellate review the question of whether a statement violates OCGA § 17-8-57, an objection or a motion for mistrial must be made at trial." *185 Pickren v. State, 272 Ga. 421, 426, 530 S.E.2d 464 (2000). Here, Lopez took no action in the trial court to preserve the question for appellate review; accordingly, we do not consider it further. Coggins v. State, 275 Ga. 479, 481, 569 S.E.2d 505 (2002).
Judgment affirmed.
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