Waldrip v. State , 266 Ga. 874 ( 1996 )

Carley, Justice,

concurring.

I join the majority’s opinion affirming appellant’s conviction. With regard to the prosecutor’s opening statement concerning the April 18 conversation between appellant and Tommy Lee Waldrip, the majority assumes, without deciding, “that the prosecutor acted improperly in referring to the April 18 conversation in his opening statement.” The majority then holds that, if error, it was harmless and not reversible. I fully agree. However, I believe that, based upon Brown v. State, 250 Ga. 862 (302 SE2d 347) (1983) and Hubbard v. State, 210 Ga. App. 141 (435 SE2d 709) (1993) and the majority’s analysis of persuasive authority, the trial court did err in allowing any reference to the April 18 conversation because the prosecutor knew that the court had specifically reserved the issue of admissibility of that statement.