Johnson v. State , 212 Ga. App. 190 ( 1994 )

Birdsong, Presiding Judge.

Kenneth Johnson appeals his conviction for aggravated assault. He contends the trial court erred by giving erroneous charges, by denying his motion for a mistrial, and by denying his request for a limiting instruction. Held:

1. Johnson’s first enumeration of error alleges “the trial court committed harmful error when it instructed the jury that the State need not prove the allegations in the indictment, but instead could alter the allegations so as to reduce the burden of proof.” Review of the charge given by the trial court shows that no such charge was given. Instead, this argument is based on the trial court’s instruction that when an indictment alleges a crime was committed in more than one way, proof that the crime was committed in one of the separate ways alleged is sufficient. As this instruction is a correct statement of the law, the enumeration of error is without merit. Lubiano v. State, 192 Ga. App. 272, 276-277 (384 SE2d 410); Chapman v. State, 173 Ga. App. 824, 825 (328 SE2d 425).

2. The second enumeration of error asserts that “the trial court committed harmful error when it gave erroneous instructions on the law in its final charge to the jury.” This enumeration does not set out separately each error relied upon (OCGA § 5-6-40), and, moreover, such a broad allegation of error is too general to present any question for review. A reviewing court has no authority to decide any issue on appeal unless the error is enumerated plainly and specifically. An error “so indefinitely stated as to leave a reviewing court uncertain as to the error complained of can not be considered.” Pepper v. Pepper, 169 Ga. 832, 833 (10) (152 SE 103).

3. Johnson’s third enumeration of error contends that the trial court erred by denying his motion for a mistrial and by allowing the State to make improper, prejudicial comments in closing argument regarding objections by defense counsel and inferences which might be drawn from Johnson’s testimony. Although counsel may not argue prejudicial facts which are not in evidence ... it is permissible for counsel to draw deductions from the evidence regardless how illogical and unreasonable. Adams v. State, 260 Ga. 298, 299 (392 SE2d 866). We find that the prosecutor’s arguments regarding Johnson’s supervised visitation and his willingness to accept probation falls well within this rule. Moreover, we do not find that the record supports Johnson’s allegation that the prosecution argued that appellant’s objections were an attempt to hide or conceal evidence from the jury. Further, considering the prosecutor’s argument in light of the overwhelming evidence of appellant’s guilt, we find that any error was harmless. Alexander v. State, 263 Ga. 474, 477-478 (435 SE2d 187). Accordingly, this enumeration of error is without merit.

4. Finally, Johnson alleges the trial court erred by denying his request for a limiting instruction regarding the improper evidence of subsequent difficulties between the victim and Johnson. As the transcript shows that the trial court gave a limiting instruction in its final charge to the jury on the purposes for which this evidence could be considered and it is not error to give the limiting instruction in the final charge, there was no error. McCann v. State, 203 Ga. App. 880, 883-884 (418 SE2d 144); Ross v. State, 199 Ga. App. 767, 769 (406 SE2d 101). Although Johnson also asserts that the limiting instruction given by the trial court was defective, we cannot consider this issue because it was not enumerated as error. Appellate review cannot be enlarged or transformed to include errors not enumerated. Ailion v. Wade, 190 Ga. App. 151, 155 (378 SE2d 507); Sanders v. Hughes, 183 Ga. App. 601, 604 (359 SE2d 396).

Judgment affirmed.

Andrews, J., concurs. Pope, C. J., concurs specially.