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Rupert v. State6/29/1999
iction.Contrary to Rupert's contention, the trial court did not permit the State to impeach him regarding his prior DUI conviction. Rather, the trial court sustained Rupert's objection to the State's questioning based upon the absence of a certified copy of the conviction and instructed the jury to disregard any testimony regarding the DUI conviction. As we said in Wofford v. State, 234 Ga. App. 316 (506 SE2d 656) (1998),
" he extent of a . . . instruction is within the discretion of the court, and when the improper remarks are cured by timely corrective action calculated to preserve the defendant's right to a fair trial, then we cannot say that the court abused its discretion in refusing to grant a mistrial." (Punctuation omitted.) Id. at 318 (4).
Accordingly, Rupert's claim of error on this point lacks merit.
Judgment affirmed. McMurray, P. J., and Andrews, J., concur.
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